77245432.1-325.2Virginia Decodedhttps://vacode.org2016HealthDepartment Of Medical Assistance ServicesGeneral ProvisionsDepartment is payor of last resort1986, c. 550; 1994, c. 213; 1996, c. 851; 2007, c. 535.http://law.lis.virginia.gov/vacode/32.1-325.2//32.1-325.2/32.1/10/1/32.1-325.2The Department of Medical Assistance Services shall be the payor of last resort to any insurer, including a group health plan as defined in § 607(1) of the Employee Retirement Income Security Act of 1974, a self-insured plan, a health services plan, a service benefit plan, a health maintenance organization, a managed care organization, a pharmacy benefits manager, or other party that is, by statute, contract, or agreement legally responsible for payment of a claim for a health care item or service for persons eligible for medical assistance in the Commonwealth. The above entities, as a condition of doing business in the Commonwealth, shall comply with the requirements set forth in 42 U.S.C. 1396a(a) (25) (I) (i)-(iv).sectionBB1To the extent the Department of Medical Assistance Services has made payment for medical services where a third party has a legal obligation to make payment for such services, the Commonwealth shall automatically acquire all rights to such payment from the third party.sectionCC1To the extent the Department of Medical Assistance Services is permitted by law to obtain recoveries from third parties, actions at law for such recoveries shall be decided under the same laws, rules and standards including applicable bases of liability and defenses as would apply if the individual receiving the services had brought the action directly; provided that nothing herein shall affect the sovereign immunity of the Commonwealth.sectionDD1