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2026 Session

Budget Amendments - SB30 (Member Request)

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Chief Patron: Surovell
Medical Malpractice Report (language only)

Item 295 #4s

Item 295 #4s

Health and Human Resources
Department of Medical Assistance Services

Language

Page 379, after line 22, insert:

"RR. The Department of Medical Assistance Services shall prepare and submit an annual report, by no later than November 1, to the General Assembly detailing the total amount of Medicaid funds expended during the preceding fiscal year for medical treatment of injuries that would otherwise be recoverable from tortfeasors but for limitations imposed by Virginia law, including but not limited to the medical malpractice damages cap under § 8.01-581.15, Code of Virgina, sovereign immunity, charitable immunity, and any other statutory immunities or liability caps. The report shall include, to the extent reasonably ascertainable, a breakdown of expenditures by category of immunity or limitation, the number of claims affected, and an estimate of the potential lien recoveries that would have been available absent such limitations."



Explanation

(This amendment directs the Department of Medical Assistance Services to prepare and submit an annual report to the General Assembly detailing the total amount of Medicaid funds expended during the preceding fiscal year for medical treatment of injuries that would otherwise be recoverable from tortfeasors but for limitations imposed by Virginia law.)