Virginia Medical Bill Rights & Programs: Landmark Protections Starting July 2026

Virginia Hospital Requirements

Virginia requires hospitals to make their charity care programs accessible and visible to patients. Nonprofit hospitals must also comply with federal 501(r) requirements, which mandate free or discounted care for eligible patients.

• Charity care policies must be posted in admissions, emergency departments, waiting rooms, and on hospital websites (Virginia Code 32.1-137.01)
• Information provided at admission and discharge, and included with billing statements sent to uninsured patients
• Federal 501(r) requires nonprofit hospitals to have a written financial assistance policy, a plain language summary, and to make reasonable efforts to determine eligibility before pursuing collections
• State and Local Hospitalization Program (SLH) covers hospital costs for indigent patients with incomes at or below 100% FPL who are not eligible for Medicaid

Major Virginia Hospital Financial Assistance Programs:

What Creditors Cannot Do (Starting July 1, 2026):

• Cannot foreclose on your home or place liens on your property for medical debt during the 120-day moratorium period. After 120 days, 30 days written notice is required.
• Cannot garnish wages of FA-eligible patients. If you qualify for financial assistance under the facility's policy, your wages are completely protected from garnishment for that medical debt.
• Cannot cause arrest or take any extraordinary collection action for 120 days following the final invoice.
• Cannot sell debt without protections. Medical debt can only be sold to buyers who agree to the 3% interest cap, forgo extraordinary collection actions, and return the debt if the patient qualifies for financial assistance.
• Cannot charge more than 3% annual interest on medical debt, and no interest or late fees at all for the first 90 days.

Wage Garnishment Rules (Current):

Until the Medical Debt Protection Act takes full effect, Virginia's general wage garnishment rules apply to medical debt:

• If weekly disposable earnings are $496.40 or less, your wages cannot be garnished
• Maximum 25% of disposable earnings can be garnished for consumer debts
• You can claim exemptions by filing a form with the court clerk within 7 business days

Virginia Balance Billing Law (Effective January 1, 2021):

Virginia protects patients from surprise balance bills in several situations:

• Emergency services at out-of-network hospitals: You only pay your normal in-network copays, coinsurance, and deductible.
• Non-emergency services at in-network facilities: If you receive care from an out-of-network provider at an in-network hospital, ambulatory surgical center, or other facility, you are protected from balance bills for surgical and ancillary services.
• Your insurer pays the provider directly. Payment disputes between the health plan and the provider are resolved through arbitration based on a "commercially reasonable amount." You are removed from the middle.

Virginia Medicaid (Expanded January 2019):

Virginia expanded Medicaid under the Affordable Care Act in January 2019, covering over 500,000 previously uninsured Virginians. Before expansion, childless adults had no Medicaid eligibility at all, and parents were only covered up to 38% FPL.

• • Adults (19-64): Up to 138% FPL (~$20,783/year for a single person in 2026)
• • Children: Up to 200% FPL through FAMIS (Virginia's CHIP program)
• • Pregnant women: Up to 205% FPL
• • No asset test for MAGI-based Medicaid eligibility
• • Apply through Cover Virginia (coverva.dmas.virginia.gov)

Virginia Health Care Foundation:

The Virginia Health Care Foundation is a public-private partnership that funds community health centers and free clinics across the state, helping uninsured Virginians access primary care, dental care, and behavioral health services. Visit vhcf.org to find a free clinic near you.

Virginia Resources for Medical Bill Help: