Virginia 2027 Regular Session Status: Passed House Of Delegates

HB 855 — Medicaid; estate recoveries.

Last action — Continued from last session

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House of Delegates. Introduced January 13, 2026. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 36% · moderate confidence

  • Passed House of Delegates

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill limits Medicaid estate recoveries to only federally required costs.

This legislation requires the Department of Medical Assistance Services to restrict its estate recovery efforts to federally mandated costs. It also mandates that information about the estate recovery process be provided in multiple languages on the Department's website.

Summary

Department of Medical Assistance Services; Medicaid estate recoveries. Directs the Department of Medical Assistance Services (the Department) to limit the operation of its estate recovery program to the recovery of only federally required costs. The bill directs the Department to make information on estate recovery available on its website in multiple languages. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.

Bill Text

How this bill changes current law

15 changes Share ↗

Compared against the Code of Virginia as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Code of Virginia: 32.1-326.1.

  • 32.1-326.1

    As used in this section, "estate" means all real and personal property and other assets includable in the decedent's estate pursuant to Title 64.2.

    Inserts “As used in this section, "estate" means all real and personal property and other assets includable in the decedent's estate pursuant to Title 64.2.”.

  • 32.1-326.1

    for all persons who receive payments or on whose behalf payments are made for Medicaid-financed nursing facility care by the Department → limited to recovering only federally required costs

    Replaces “for all persons who receive payments or on whose behalf payments are made for Medicaid-financed nursing facility care by the Department” with “limited to recovering only federally required costs”.

  • 32.1-326.1

    pursuant to 42 U.S.C. § 1396p(b)(1)(A)

    Inserts “pursuant to 42 U.S.C. § 1396p(b)(1)(A)”.

  • 32.1-326.1

    and 42 U.S.C. § 1396p(b)(1)(B)(i)

    Inserts “and 42 U.S.C. § 1396p(b)(1)(B)(i)”.

  • 32.1-326.1

    for recoverable services

    Inserts “for recoverable services”.

  • 32.1-326.1

    under 42 U.S.C. § 1396p(b)(1)(A) and 42 U.S.C. § 1396p(b)(1)(B)(i)

    Inserts “under 42 U.S.C. § 1396p(b)(1)(A) and 42 U.S.C. § 1396p(b)(1)(B)(i)”.

  • 32.1-326.1

    .

    Inserts “.”.

  • 32.1-326.1

    The recoverable portion of ma

    Inserts “The recoverable portion of ma”.

  • 32.1-326.1

    naged care payments shall be limited to either the portion of the capitated rate that is attributable to recoverable

    Inserts “naged care payments shall be limited to either the portion of the capitated rate that is attributable to recoverable”.

  • 32.1-326.1

    services under 42 U.S.C. § 1396p(b)(1)(A) and 42 U.S.C. § 1396p(b)(1)(B)(i) or

    Inserts “services under 42 U.S.C. § 1396p(b)(1)(A) and 42 U.S.C. § 1396p(b)(1)(B)(i) or”.

  • 32.1-326.1

    the capitated rate, whichever is lower

    Inserts “the capitated rate, whichever is lower”.

  • 32.1-326.1

    .

    Inserts “.”.

  • 32.1-326.1

    The Department may waive its claim against the estate of an indigent or medically indigent person if it determines that enforcement of the claim would result in substant

    Inserts “The Department may waive its claim against the estate of an indigent or medically indigent person if it determines that enforcement of the claim would result in substant”.

  • 32.1-326.1

    ial hardship to the heirs or dependents of the individual against whose estate the claim exists. Any such waiver shall be a permanent waiver of recovery

    Inserts “ial hardship to the heirs or dependents of the individual against whose estate the claim exists. Any such waiver shall be a permanent waiver of recovery”.

  • 32.1-326.1

    in accordance with federal law

    Inserts “in accordance with federal law”.

Action History

  1. Continued from last session

  2. Continued to next session in Finance and Appropriations (15-Y 0-N)

  3. Fiscal Impact Statement from Department of Planning and Budget (HB855)

  4. Reported from Education and Health and rereferred to Finance and Appropriations (15-Y 0-N)

  5. Assigned Education sub: Health

  6. Referred to Committee on Education and Health

  7. Constitutional reading dispensed (on 1st reading)

  8. Read third time and passed House (87-Y 11-N 0-A)

  9. Read second time and engrossed

  10. Read first time

  11. Reported from Health and Human Services (18-Y 4-N)

  12. Subcommittee recommends reporting and referring to Appropriations (7-Y 1-N)

  13. Fiscal Impact Statement from Department of Planning and Budget (HB855)

  14. Assigned sub: Social Services

  15. Referred to Committee on Health and Human Services

  16. Prefiled and ordered printed; Offered 01-14-2026 26105065D

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 137 not signed on

Sponsors (1)

Co-sponsors (10)

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 855 do?
Department of Medical Assistance Services; Medicaid estate recoveries. Directs the Department of Medical Assistance Services (the Department) to limit the operation of its estate recovery program to the recovery of only federally required costs. The bill directs the Department to make information on estate recovery available on its website in multiple languages. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.
Who sponsors HB 855?
HB 855 is sponsored by Michelle Lopes Maldonado, Virgil Thornton, Irene Shin, Briana D. Sewell, Charlie Schmidt, Jackie H. Glass, Nicole Cole, Kathy K.L. Tran, Marcia S. "Cia" Price, Rae Cousins, and Elizabeth B. Bennett-Parker.
What is the current status of HB 855?
This bill has passed the House of Delegates. Introduced January 13, 2026. It now moves to the second chamber.
Where can I track HB 855?
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