Va. Code » Title 32.1. Health » Chapter 10. Department of Medical Assistance Services » Article 1. General Provisions
Virginia Code

Va. Code Ann. § 32.1-329 (2026)

Repealed

✓ current as of May 2026
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Repealed by Acts 1999, c. 728, effective July 1, 2000.

Notes of Decisions
Cited in 3 cases, 1995–2000 · leading case: WBQ P'ship v. Commonwealth Dep't of Med. Assistance Servs. (In Re WBQ P'ship), 189 B.R. 97 (Bankr. E.D. Va. 1995).
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WBQ P'ship v. Commonwealth Dep't of Med. Assistance Servs. (In Re WBQ P'ship), 189 B.R. 97 (Bankr. E.D. Va. 1995). · cites it 82× “As to the second question, DMAS contends that it can collect a portion of the gain realized from the sale pursuant to Va.Code Ann. § 32.1-329 (Michie 1992). Significantly, this Virginia statute authorizes DMAS to collect or “recapture” the gain either from the debt- or, or if…”
P.K.R. Convalescent Centers, Inc. v. Commonwealth, Dep't of Med. Assistance Serv. (In Re P.K.R. Convalescent Centers, Inc.), 189 B.R. 90 (Bankr. E.D. Va. 1995). · cites it 33× “Va.Code Ann. § 32.1-329 (MIchie 1992). In essence, debtor must reimburse DMAS for the amount of depreciation previously allowed as a reasonable cost of providing services to the program if debtor realizes a gain on the sale of the property.”
Virginia Dep't of Med. Assistance Servs. v. Shenandoah Realty Partners, L.P. (In Re Shenandoah Realty Partners, L.P.), 248 B.R. 505 (W.D. Va. 2000). · cites it 11× “The basis for this assertion is Virginia Code § 32.1-329. Because it has already been determined that this state statute is preempted by federal law, this argument also fails, (e)Ascend Plan is feasible.”
— Va. Code Ann. § 32.1-329(0) — 2 cases
WBQ P'ship v. Commonwealth Dep't of Med. Assistance Servs. (In Re WBQ P'ship), 189 B.R. 97 (Bankr. E.D. Va. 1995). “As to the second question, DMAS contends that it can collect a portion of the gain realized from the sale pursuant to Va.Code Ann. § 32.1-329 (Michie 1992). Significantly, this Virginia statute authorizes DMAS to collect or “recapture” the gain either from the debt- or, or if…”
Virginia Dep't of Med. Assistance Servs. v. Shenandoah Realty Partners, L.P. (In Re Shenandoah Realty Partners, L.P.), 248 B.R. 505 (W.D. Va. 2000). “The basis for this assertion is Virginia Code § 32.1-329. Because it has already been determined that this state statute is preempted by federal law, this argument also fails, (e)Ascend Plan is feasible.”
— Va. Code Ann. § 32.1-329(A) — 2 cases
WBQ P'ship v. Commonwealth Dep't of Med. Assistance Servs. (In Re WBQ P'ship), 189 B.R. 97 (Bankr. E.D. Va. 1995). “As to the second question, DMAS contends that it can collect a portion of the gain realized from the sale pursuant to Va.Code Ann. § 32.1-329 (Michie 1992). Significantly, this Virginia statute authorizes DMAS to collect or “recapture” the gain either from the debt- or, or if…”
Virginia Dep't of Med. Assistance Servs. v. Shenandoah Realty Partners, L.P. (In Re Shenandoah Realty Partners, L.P.), 248 B.R. 505 (W.D. Va. 2000). “The basis for this assertion is Virginia Code § 32.1-329. Because it has already been determined that this state statute is preempted by federal law, this argument also fails, (e)Ascend Plan is feasible.”
— Va. Code Ann. § 32.1-329(C) — 1 case
WBQ P'ship v. Commonwealth Dep't of Med. Assistance Servs. (In Re WBQ P'ship), 189 B.R. 97 (Bankr. E.D. Va. 1995). “As to the second question, DMAS contends that it can collect a portion of the gain realized from the sale pursuant to Va.Code Ann. § 32.1-329 (Michie 1992). Significantly, this Virginia statute authorizes DMAS to collect or “recapture” the gain either from the debt- or, or if…”
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