Finnerty v. Thornton Hall, Inc.

KELSEY, Judge.

In Smith v. Liberty Nursing Home, Inc., 31 Va.App. 281, 297, 522 S.E.2d 890, 897-98 (2000), we held that Code § 32.1-325.1:1(B) establishes a “mandatory limitation” period -within which the Virginia Department of Medical Assistance Services (DMAS) must make an “initial determination” of Medicaid overpayment to a provider. The failure to meet this deadline bars any administrative claim seeking reimbursement of the overpayment. Id. The case now before us requires that we decide what constitutes an “initial determination.”

The trial court found that an “initial determination” for…