{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-138.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-138.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-138.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-138.3.html"}],"law_id":57748,"edition_id":1,"section_id":57748,"structure_id":15161,"section_number":"32.1-138.3","catch_line":"Third party guarantor prohibition","history":"1989, c. 193.","full_text":"Any facility certified under Title XVIII or XIX of the United States Social Security Act shall not require a third party guarantee of payment to the facility as a condition of admission or of expedited admission to, or continued stay in, the facility. This section shall not be construed to prevent a facility from requiring an individual who has legal access to a resident’s income or resources which are available to pay for care in the facility to sign a contract without incurring personal financial liability except for breach of the duty to provide payment from the resident’s income or resources for such care.\n\t\tFor purposes of this section, the resident’s income or resources shall include any amount deemed to be income or resources of the resident for purposes of Medicaid eligibility and any resources transferred by the resident to a third party if the transfer disqualifies the resident from Medicaid coverage for nursing facility services.","order_by":null,"text":{"0":{"id":211510,"text":"Any facility certified under Title XVIII or XIX of the United States Social Security Act shall not require a third party guarantee of payment to the facility as a condition of admission or of expedited admission to, or continued stay in, the facility. This section shall not be construed to prevent a facility from requiring an individual who has legal access to a resident’s income or resources which are available to pay for care in the facility to sign a contract without incurring personal financial liability except for breach of the duty to provide payment from the resident’s income or resources for such care.\n\t\tFor purposes of this section, the resident’s income or resources shall include any amount deemed to be income or resources of the resident for purposes of Medicaid eligibility and any resources transferred by the resident to a third party if the transfer disqualifies the resident from Medicaid coverage for nursing facility services.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15161,"edition_id":1,"name":"Rights and Responsibilities of Patients in Nursing Homes","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12728,"metadata":{},"date_created":"2026-06-26 03:52:37","date_modified":"2026-06-26 03:52:37","permalink":{"id":203167,"object_type":"structure","relational_id":15161,"identifier":"2","token":"32.1\/5\/2","url":"\/32.1\/5\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12728,"edition_id":1,"name":"Regulation of Medical Care Facilities and Services","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":202855,"object_type":"structure","relational_id":12728,"identifier":"5","token":"32.1\/5","url":"\/32.1\/5\/","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":60672,"structure_id":15161,"section_number":"32.1-138","catch_line":"Enumeration; posting of policies; staff training; responsibilities devolving on guardians, etc.; exceptions; certification of compliance","url":"\/32.1-138\/","token":"32.1\/5\/2\/32.1-138","metadata":false},{"id":69971,"structure_id":15161,"section_number":"32.1-138.1","catch_line":"Implementation of transfer and discharge policies","url":"\/32.1-138.1\/","token":"32.1\/5\/2\/32.1-138.1","metadata":false},{"id":77743,"structure_id":15161,"section_number":"32.1-138.2","catch_line":"Certain contract provisions prohibited","url":"\/32.1-138.2\/","token":"32.1\/5\/2\/32.1-138.2","metadata":false},{"id":57748,"structure_id":15161,"section_number":"32.1-138.3","catch_line":"Third party guarantor prohibition","url":"\/32.1-138.3\/","token":"32.1\/5\/2\/32.1-138.3","metadata":false},{"id":64052,"structure_id":15161,"section_number":"32.1-138.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-138.4\/","token":"32.1\/5\/2\/32.1-138.4","metadata":false},{"id":79290,"structure_id":15161,"section_number":"32.1-138.5","catch_line":"Confidentiality of complainant's identity","url":"\/32.1-138.5\/","token":"32.1\/5\/2\/32.1-138.5","metadata":false},{"id":77541,"structure_id":15161,"section_number":"32.1-138.5:1","catch_line":"(Effective pursuant to Acts 2025, c. 432, cl. 2) Electronic monitoring in resident rooms","url":"\/32.1-138.5_1\/","token":"32.1\/5\/2\/32.1-138.5_1","metadata":false}],"previous_section":{"id":77743,"structure_id":15161,"section_number":"32.1-138.2","catch_line":"Certain contract provisions prohibited","url":"\/32.1-138.2\/","token":"32.1\/5\/2\/32.1-138.2","metadata":false},"next_section":{"id":64052,"structure_id":15161,"section_number":"32.1-138.4","catch_line":"Retaliation or discrimination against complainants","url":"\/32.1-138.4\/","token":"32.1\/5\/2\/32.1-138.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-138.3\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 193 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. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":203181,"object_type":"law","relational_id":57748,"identifier":"32.1-138.3","token":"32.1\/5\/2\/32.1-138.3","url":"\/32.1-138.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-138.3\/","token":"32.1\/5\/2\/32.1-138.3","dublin_core":{"Title":"Third party guarantor prohibition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-138.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any facility certified under Title XVIII or XIX of the United States Social Security Act shall not require a third party<\/span> guarantee of payment to the facility as a condition of admission or of expedited admission to, or continued stay<\/span> in, the facility. This section shall not be construed to prevent a facility from requiring an individual who has legal access to a resident’s income or resources which are available to pay for care in the facility to sign a contract<\/span> without incurring personal financial liability except for breach of the duty to provide payment from the resident’s income or resources for such care.\n\t\tFor purposes of this section, the resident’s income or resources shall include any amount deemed to be income or resources of the resident for purposes of Medicaid eligibility and any resources transferred by the resident to a third party<\/span> if the transfer disqualifies the resident from Medicaid coverage for nursing facility services.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTHIRD PARTY GUARANTOR PROHIBITION (\u00a7 32.1-138.3)\n\nAny facility certified under Title XVIII or XIX of the United States Social\nSecurity Act shall not require a third party guarantee of payment to the\nfacility as a condition of admission or of expedited admission to, or continued\nstay in, the facility. This section shall not be construed to prevent a facility\nfrom requiring an individual who has legal access to a resident’s income\nor resources which are available to pay for care in the facility to sign a\ncontract without incurring personal financial liability except for breach of the\nduty to provide payment from the resident’s income or resources for such\ncare.\n\t\tFor purposes of this section, the resident’s income or resources shall\ninclude any amount deemed to be income or resources of the resident for purposes\nof Medicaid eligibility and any resources transferred by the resident to a third\nparty if the transfer disqualifies the resident from Medicaid coverage for\nnursing facility services.\n\nHISTORY: 1989, c. 193.","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}}