On February 17, 2022, the Virginia Supreme Court issued Farah v. Commonwealth of Virginia, Record No. 201413, regarding reductions of Medicaid-funded care liens in car crash and other cases. “Code §8.01-66.9 broadly allows a trial court to reduce a Medicaid lien ‘as the equities of the case may appear’.” Id. at 7. Virginia “courts must examine the totality of a plaintiff’s damages, such as lost wages, and damages for pain and suffering, disfigurement, deformity, humiliation, and embarrassment, and make a reasonable allocation for what portion of the verdict, judgment or settlement is attributable to medical expenses paid for by Medicaid.” Id. at 8.
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