{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-102.3_1.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-102.3_1.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-102.3_1.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-102.3_1.1.html"}],"law_id":74212,"edition_id":1,"section_id":74212,"structure_id":14008,"section_number":"32.1-102.3:1.1","catch_line":"Continuing care retirement communities accessing medical assistance","history":"2008, c. 857; 2011, c. 155; 2019, cc. 299, 384.","full_text":"A\n\nA nursing facility in Planning District 8 in a continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (\u00a7 38.2-4900 et seq.) of Title 38.2, which is not already certified for participation in the Medical Assistance Program, may be certified for participation in the Medical Assistance Program, without regard to any condition of a certificate of public need, so long as:1\n\nThe nursing facility is no longer operating under an open admissions period;2\n\nAny residents who qualify and receive medical assistance under the state program must have been residents of the continuing care retirement community for at least three years;3\n\nNot more than 25 percent of the nursing home beds of the facility, or 15 nursing home beds, whichever is fewer, may be occupied by individuals receiving benefits at any given time; and4\n\nAny resident who qualifies for and receives medical assistance under the state program in a continuing care retirement community nursing facility must have first exhausted any refundable entrance fee paid on the resident’s behalf, as defined in § 38.2-4900, as a result of expenditures for that resident’s care in the continuing care retirement community.B\n\nNothing in this section shall alter the conditions of a continuing care retirement community’s participation in the Medical Assistance Program if that continuing care retirement community was certified for participation prior to July 1, 2010.\n\t\t\tFor the purposes of this section, “open admissions period” means a time during which a facility may take admissions directly into its nursing home beds without the signing of a standard contract.","order_by":null,"text":{"0":{"id":266854,"text":"A nursing facility in Planning District 8 in a continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (\u00a7 38.2-4900 et seq.) of Title 38.2, which is not already certified for participation in the Medical Assistance Program, may be certified for participation in the Medical Assistance Program, without regard to any condition of a certificate of public need, so long as:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":266855,"text":"The nursing facility is no longer operating under an open admissions period;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":266856,"text":"Any residents who qualify and receive medical assistance under the state program must have been residents of the continuing care retirement community for at least three years;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":266857,"text":"Not more than 25 percent of the nursing home beds of the facility, or 15 nursing home beds, whichever is fewer, may be occupied by individuals receiving benefits at any given time; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":266858,"text":"Any resident who qualifies for and receives medical assistance under the state program in a continuing care retirement community nursing facility must have first exhausted any refundable entrance fee paid on the resident’s behalf, as defined in § 38.2-4900, as a result of expenditures for that resident’s care in the continuing care retirement community.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":266859,"text":"Nothing in this section shall alter the conditions of a continuing care retirement community’s participation in the Medical Assistance Program if that continuing care retirement community was certified for participation prior to July 1, 2010.\n\t\t\tFor the purposes of this section, “open admissions period” means a time during which a facility may take admissions directly into its nursing home beds without the signing of a standard contract.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"ancestry":[{"id":14008,"edition_id":1,"name":"Medical Care Facilities Certificate of Public Need","identifier":"1.1","label":"article","depth":3,"order_by":1,"parent_id":13670,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":202397,"object_type":"structure","relational_id":14008,"identifier":"1.1","token":"32.1\/4\/1.1","url":"\/32.1\/4\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13670,"edition_id":1,"name":"Health Care Planning","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":202389,"object_type":"structure","relational_id":13670,"identifier":"4","token":"32.1\/4","url":"\/32.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77111,"structure_id":14008,"section_number":"32.1-102.1","catch_line":"Definitions","url":"\/32.1-102.1\/","token":"32.1\/4\/1.1\/32.1-102.1","metadata":false},{"id":75479,"structure_id":14008,"section_number":"32.1-102.10","catch_line":"Commencing project without certificate or registration grounds for refusing to issue license","url":"\/32.1-102.10\/","token":"32.1\/4\/1.1\/32.1-102.10","metadata":false},{"id":55098,"structure_id":14008,"section_number":"32.1-102.11","catch_line":"Application of article","url":"\/32.1-102.11\/","token":"32.1\/4\/1.1\/32.1-102.11","metadata":false},{"id":63051,"structure_id":14008,"section_number":"32.1-102.12","catch_line":"Repealed","url":"\/32.1-102.12\/","token":"32.1\/4\/1.1\/32.1-102.12","metadata":false},{"id":77991,"structure_id":14008,"section_number":"32.1-102.13","catch_line":"Repealed","url":"\/32.1-102.13\/","token":"32.1\/4\/1.1\/32.1-102.13","metadata":false},{"id":86983,"structure_id":14008,"section_number":"32.1-102.1:1","catch_line":"Equipment registration required","url":"\/32.1-102.1_1\/","token":"32.1\/4\/1.1\/32.1-102.1_1","metadata":false},{"id":69151,"structure_id":14008,"section_number":"32.1-102.1:2","catch_line":"Certificate of public need required; registration of certain equipment and capital projects required","url":"\/32.1-102.1_2\/","token":"32.1\/4\/1.1\/32.1-102.1_2","metadata":false},{"id":63394,"structure_id":14008,"section_number":"32.1-102.1:3","catch_line":"(Effective July 1, 2028) Medical care facilities and projects for which a certificate is required","url":"\/32.1-102.1_3\/","token":"32.1\/4\/1.1\/32.1-102.1_3","metadata":false},{"id":85729,"structure_id":14008,"section_number":"32.1-102.2","catch_line":"Regulations","url":"\/32.1-102.2\/","token":"32.1\/4\/1.1\/32.1-102.2","metadata":false},{"id":63638,"structure_id":14008,"section_number":"32.1-102.2:1","catch_line":"State Health Services Plan; Task Force","url":"\/32.1-102.2_1\/","token":"32.1\/4\/1.1\/32.1-102.2_1","metadata":false},{"id":59668,"structure_id":14008,"section_number":"32.1-102.3","catch_line":"Demonstration of public need required; criteria for determining need","url":"\/32.1-102.3\/","token":"32.1\/4\/1.1\/32.1-102.3","metadata":false},{"id":73618,"structure_id":14008,"section_number":"32.1-102.3:1","catch_line":"Application for certificate not required of certain nursing facilities or nursing homes","url":"\/32.1-102.3_1\/","token":"32.1\/4\/1.1\/32.1-102.3_1","metadata":false},{"id":74212,"structure_id":14008,"section_number":"32.1-102.3:1.1","catch_line":"Continuing care retirement communities accessing medical assistance","url":"\/32.1-102.3_1.1\/","token":"32.1\/4\/1.1\/32.1-102.3_1.1","metadata":false},{"id":81863,"structure_id":14008,"section_number":"32.1-102.3:2","catch_line":"Certificates of public need; 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monitoring; revocation of certificates; civil penalties","url":"\/32.1-102.4\/","token":"32.1\/4\/1.1\/32.1-102.4","metadata":false},{"id":70069,"structure_id":14008,"section_number":"32.1-102.5","catch_line":"Certificate not transferable","url":"\/32.1-102.5\/","token":"32.1\/4\/1.1\/32.1-102.5","metadata":false},{"id":59090,"structure_id":14008,"section_number":"32.1-102.6","catch_line":"Administrative procedures","url":"\/32.1-102.6\/","token":"32.1\/4\/1.1\/32.1-102.6","metadata":false},{"id":73958,"structure_id":14008,"section_number":"32.1-102.6:1","catch_line":"Revocation of a certificate","url":"\/32.1-102.6_1\/","token":"32.1\/4\/1.1\/32.1-102.6_1","metadata":false},{"id":62746,"structure_id":14008,"section_number":"32.1-102.7","catch_line":"Repealed","url":"\/32.1-102.7\/","token":"32.1\/4\/1.1\/32.1-102.7","metadata":false},{"id":64703,"structure_id":14008,"section_number":"32.1-102.8","catch_line":"Enjoining project undertaken without certificate or registration","url":"\/32.1-102.8\/","token":"32.1\/4\/1.1\/32.1-102.8","metadata":false},{"id":64968,"structure_id":14008,"section_number":"32.1-102.9","catch_line":"Designation of judge","url":"\/32.1-102.9\/","token":"32.1\/4\/1.1\/32.1-102.9","metadata":false}],"previous_section":{"id":73618,"structure_id":14008,"section_number":"32.1-102.3:1","catch_line":"Application for certificate not required of certain nursing facilities or nursing homes","url":"\/32.1-102.3_1\/","token":"32.1\/4\/1.1\/32.1-102.3_1","metadata":false},"next_section":{"id":81863,"structure_id":14008,"section_number":"32.1-102.3:2","catch_line":"Certificates of public need; applications to be filed in response to Requests for Applications (RFAs)","url":"\/32.1-102.3_2\/","token":"32.1\/4\/1.1\/32.1-102.3_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-102.3:1.1\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapter 857<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2011, chapter 155<\/a>; in 2019, chapters 299<\/a> and 384<\/a>.<\/p>","references":false,"refers_to":[{"id":83470,"section_number":"38.2-4900","catch_line":"Definitions","order_by":null,"url":"\/38.2-4900\/"}],"permalink":{"id":202447,"object_type":"law","relational_id":74212,"identifier":"32.1-102.3:1.1","token":"32.1\/4\/1.1\/32.1-102.3_1.1","url":"\/32.1-102.3_1.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-102.3_1.1\/","token":"32.1\/4\/1.1\/32.1-102.3_1.1","dublin_core":{"Title":"Continuing care retirement communities accessing medical assistance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-102.3:1.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A nursing facility in Planning District 8 in a continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (\u00a7 38.2-4900<\/a> et seq.) of Title 38.2, which is not already certified for participation in the Medical Assistance Program, may be certified for participation in the Medical Assistance Program, without regard to any condition of a certificate<\/span> of public need, so long as: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The nursing facility is no longer operating under an open admissions period<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any residents who qualify and receive medical assistance under the state program must have been residents of the continuing care retirement community for at least three years; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Not more than 25 percent of the nursing home beds of the facility, or 15 nursing home beds, whichever is fewer, may be occupied by individuals receiving benefits at any given time; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any resident who qualifies for and receives medical assistance under the state program in a continuing care retirement community nursing facility must have first exhausted any refundable entrance fee paid on the resident’s behalf, as defined in § 38.2-4900<\/a>, as a result of expenditures for that resident’s care in the continuing care retirement community. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this section shall alter the conditions of a continuing care retirement community’s participation in the Medical Assistance Program if that continuing care retirement community was certified for participation prior to July 1, 2010.\n\t\t\tFor the purposes of this section, “open admissions period<\/span>” means a time during which a facility may take admissions directly into its nursing home beds without the signing of a standard contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONTINUING CARE RETIREMENT COMMUNITIES ACCESSING MEDICAL ASSISTANCE (\u00a7\n32.1-102.3:1.1)\n\nA. A nursing facility in Planning District 8 in a continuing care retirement\ncommunity registered with the State Corporation Commission pursuant to Chapter\n49 (\u00a7 38.2-4900 et seq.) of Title 38.2, which is not already certified for\nparticipation in the Medical Assistance Program, may be certified for\nparticipation in the Medical Assistance Program, without regard to any condition\nof a certificate of public need, so long as:\n\n 1. The nursing facility is no longer operating under an open admissions\n period;\n\n 2. Any residents who qualify and receive medical assistance under the state\n program must have been residents of the continuing care retirement community\n for at least three years;\n\n 3. Not more than 25 percent of the nursing home beds of the facility, or 15\n nursing home beds, whichever is fewer, may be occupied by individuals\n receiving benefits at any given time; and\n\n 4. Any resident who qualifies for and receives medical assistance under the\n state program in a continuing care retirement community nursing facility must\n have first exhausted any refundable entrance fee paid on the resident’s\n behalf, as defined in § 38.2-4900, as a result of expenditures for that\n resident’s care in the continuing care retirement community.\n\nB. Nothing in this section shall alter the conditions of a continuing care\nretirement community’s participation in the Medical Assistance Program if\nthat continuing care retirement community was certified for participation prior\nto July 1, 2010.\n\t\t\tFor the purposes of this section, “open admissions period” means\na time during which a facility may take admissions directly into its nursing\nhome beds without the signing of a standard contract.\n\nHISTORY: 2008, c. 857; 2011, c. 155; 2019, cc. 299, 384.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}