Pursuant to Virginia Code §2.2-4007, I write to request a regulation that mandates a firm deadline for DMAS to respond to requests for final lien amounts asserted against personal injury claims proceeds and arising from the Medicaid program or any other DMAS program.  I request that this regulation contain all contact information and documents necessary to trigger the deadline, and that upon passing of said deadline, the amount owed is deemed zero dollars.

The petition for rulemaking will be published in the Virginia Register of Regulations on December 5, 2022, and on the Virginia Regulatory Town Hall. Public comment will open on December 5, 2022, and will close on December 26, 2022. DMAS will consider the petition and all comments in support or opposition after the close of the public comment period. The agency will issue a written decision within 90 days following the close of the comment period.  

DMAS has reviewed the petitioner's request and the relevant regulations and has decided to promulgate regulatory text to detail the process for requesting information about a Medicaid lien, a related request for a member's enrollment status, or to request a compromise or waiver of any portion of a Medicaid lien.