{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-317.html"}],"law_id":63268,"edition_id":1,"section_id":63268,"structure_id":13438,"section_number":"32.1-317","catch_line":"Collecting excess payment for services; charging, soliciting, accepting or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; penalty","history":"1981, c. 255; 1985, c. 153; 2010, c. 305.","full_text":"When the cost of services provided in a facility or by an individual to a patient is paid for, in whole or in part, under medical assistance, any person who:\n\n1\n\nKnowingly and willfully collects or causes to be collected from a patient for any service provided under medical assistance, money or other consideration at a rate in excess of entitlements established by the Department of Medical Assistance Services; or2\n\nKnowingly and willfully charges, solicits, accepts or receives, or causes to be charged, solicited, accepted, or received any gift, money, donation or other consideration, other than a charitable, religious or philanthropic contribution from an organization or from a person unrelated to the patient, in addition to any amount otherwise required to be paid under medical assistance:\n\t\t\ta. As a precondition of admitting a patient to a hospital, skilled nursing facility or intermediate care facility; or\n\t\t\tb. As a requirement for the patient’s continued stay in such facility;\n\t\t\tshall be guilty of a Class 6 felony. In addition thereto, a fine may be imposed in an amount not to exceed $25,000. The Director of the Department of Medical Assistance Services may terminate or deny a contract to a provider for any violation of this section pursuant to § 32.1-325.","order_by":null,"text":{"0":{"id":230598,"text":"When the cost of services provided in a facility or by an individual to a patient is paid for, in whole or in part, under medical assistance, any person who:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":230599,"text":"Knowingly and willfully collects or causes to be collected from a patient for any service provided under medical assistance, money or other consideration at a rate in excess of entitlements established by the Department of Medical Assistance Services; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":230600,"text":"Knowingly and willfully charges, solicits, accepts or receives, or causes to be charged, solicited, accepted, or received any gift, money, donation or other consideration, other than a charitable, religious or philanthropic contribution from an organization or from a person unrelated to the patient, in addition to any amount otherwise required to be paid under medical assistance:\n\t\t\ta. As a precondition of admitting a patient to a hospital, skilled nursing facility or intermediate care facility; or\n\t\t\tb. As a requirement for the patient’s continued stay in such facility;\n\t\t\tshall be guilty of a Class 6 felony. In addition thereto, a fine may be imposed in an amount not to exceed $25,000. The Director of the Department of Medical Assistance Services may terminate or deny a contract to a provider for any violation of this section pursuant to § 32.1-325.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":13438,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13437,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":204701,"object_type":"structure","relational_id":13438,"identifier":"1","token":"32.1\/9\/1","url":"\/32.1\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13437,"edition_id":1,"name":"Regulation of Medical Assistance","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:53","date_modified":"2026-06-26 03:44:53","permalink":{"id":204699,"object_type":"structure","relational_id":13437,"identifier":"9","token":"32.1\/9","url":"\/32.1\/9\/","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":85954,"structure_id":13438,"section_number":"32.1-310","catch_line":"Declaration of purpose; authority to audit records; authority to review complaints of abuse or neglect","url":"\/32.1-310\/","token":"32.1\/9\/1\/32.1-310","metadata":false},{"id":70907,"structure_id":13438,"section_number":"32.1-311","catch_line":"Repealed","url":"\/32.1-311\/","token":"32.1\/9\/1\/32.1-311","metadata":false},{"id":54506,"structure_id":13438,"section_number":"32.1-312","catch_line":"Fraudulently obtaining excess or attempting to obtain excess benefits or payments; penalty","url":"\/32.1-312\/","token":"32.1\/9\/1\/32.1-312","metadata":false},{"id":78625,"structure_id":13438,"section_number":"32.1-313","catch_line":"Liability for excess benefits or payments obtained without intent to violate chapter","url":"\/32.1-313\/","token":"32.1\/9\/1\/32.1-313","metadata":false},{"id":63947,"structure_id":13438,"section_number":"32.1-314","catch_line":"False statement or representation in applications for payment or for use in determining rights to payment; concealment of facts; penalty","url":"\/32.1-314\/","token":"32.1\/9\/1\/32.1-314","metadata":false},{"id":70472,"structure_id":13438,"section_number":"32.1-315","catch_line":"Solicitation or receipt of remuneration for certain services; offer or payment of remuneration for inducement of such services; penalty","url":"\/32.1-315\/","token":"32.1\/9\/1\/32.1-315","metadata":false},{"id":65811,"structure_id":13438,"section_number":"32.1-316","catch_line":"False statement or representation as to conditions or operations of institution or facility; penalty","url":"\/32.1-316\/","token":"32.1\/9\/1\/32.1-316","metadata":false},{"id":63268,"structure_id":13438,"section_number":"32.1-317","catch_line":"Collecting excess payment for services; charging, soliciting, accepting or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; penalty","url":"\/32.1-317\/","token":"32.1\/9\/1\/32.1-317","metadata":false},{"id":69423,"structure_id":13438,"section_number":"32.1-318","catch_line":"Knowing failure to deposit, transfer or maintain patient trust funds in separate account; penalty","url":"\/32.1-318\/","token":"32.1\/9\/1\/32.1-318","metadata":false},{"id":71136,"structure_id":13438,"section_number":"32.1-319","catch_line":"Written verification of application, statement or form; penalty for false or misleading information","url":"\/32.1-319\/","token":"32.1\/9\/1\/32.1-319","metadata":false},{"id":54400,"structure_id":13438,"section_number":"32.1-319.1","catch_line":"Department to establish pilot program to use data analytics to mitigate risk of improper payments","url":"\/32.1-319.1\/","token":"32.1\/9\/1\/32.1-319.1","metadata":false},{"id":73899,"structure_id":13438,"section_number":"32.1-320","catch_line":"Duties of Attorney General; medical services providers audit and investigation unit","url":"\/32.1-320\/","token":"32.1\/9\/1\/32.1-320","metadata":false},{"id":60362,"structure_id":13438,"section_number":"32.1-320.1","catch_line":"Powers and duties of sworn unit investigators","url":"\/32.1-320.1\/","token":"32.1\/9\/1\/32.1-320.1","metadata":false},{"id":81672,"structure_id":13438,"section_number":"32.1-321","catch_line":"Prosecution of cases","url":"\/32.1-321\/","token":"32.1\/9\/1\/32.1-321","metadata":false},{"id":72394,"structure_id":13438,"section_number":"32.1-321.01","catch_line":"Exemptions from disclosure","url":"\/32.1-321.01\/","token":"32.1\/9\/1\/32.1-321.01","metadata":false}],"previous_section":{"id":65811,"structure_id":13438,"section_number":"32.1-316","catch_line":"False statement or representation as to conditions or operations of institution or facility; penalty","url":"\/32.1-316\/","token":"32.1\/9\/1\/32.1-316","metadata":false},"next_section":{"id":69423,"structure_id":13438,"section_number":"32.1-318","catch_line":"Knowing failure to deposit, transfer or maintain patient trust funds in separate account; penalty","url":"\/32.1-318\/","token":"32.1\/9\/1\/32.1-318","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-317\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 255 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 1981 \u201cActs\u201d aren\u2019t available online. 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 1985, chapter 153; in 2010, chapter 305<\/a>.<\/p>","references":[{"id":77747,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","order_by":null,"url":"\/32.1-325\/"}],"refers_to":[{"id":77747,"section_number":"32.1-325","catch_line":"Board to submit plan for medical assistance services to U.S. Secretary of Health and Human Services pursuant to federal law; administration of plan; contracts with health care providers","order_by":null,"url":"\/32.1-325\/"}],"permalink":{"id":204731,"object_type":"law","relational_id":63268,"identifier":"32.1-317","token":"32.1\/9\/1\/32.1-317","url":"\/32.1-317\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-317\/","token":"32.1\/9\/1\/32.1-317","dublin_core":{"Title":"Collecting excess payment for services; charging, soliciting, accepting or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the cost of services provided in a facility or by an individual to a patient is paid for, in whole or in part, under medical assistance, any person<\/span> who:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Knowingly and willfully collects or causes to be collected from a patient for any service provided under medical assistance, money or other consideration at a rate in excess of entitlements established by the Department<\/span> of Medical Assistance Services; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Knowingly and willfully charges, solicits, accepts or receives, or causes to be charged, solicited, accepted, or received any gift, money, donation or other consideration, other than a charitable, religious or philanthropic contribution from an organization or from a person<\/span> unrelated to the patient, in addition to any amount otherwise required to be paid under medical assistance:\n\t\t\ta. As a precondition of admitting a patient to a hospital, skilled nursing facility or intermediate care facility; or\n\t\t\tb. As a requirement for the patient’s continued stay<\/span> in such facility;\n\t\t\tshall be guilty of a Class 6 felony<\/span>. In addition thereto, a fine may be imposed in an amount not to exceed $25,000. The Director of the Department<\/span> of Medical Assistance Services may terminate or deny a contract<\/span> to a provider for any violation of this section pursuant to § 32.1-325<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOLLECTING EXCESS PAYMENT FOR SERVICES; CHARGING, SOLICITING, ACCEPTING OR\nRECEIVING CERTAIN CONSIDERATION AS PRECONDITION FOR ADMITTANCE TO FACILITY OR\nREQUIREMENT FOR CONTINUED STAY; PENALTY (\u00a7 32.1-317)\n\nWhen the cost of services provided in a facility or by an individual to a\npatient is paid for, in whole or in part, under medical assistance, any person\nwho:\n\n1. Knowingly and willfully collects or causes to be collected from a patient for\nany service provided under medical assistance, money or other consideration at a\nrate in excess of entitlements established by the Department of Medical\nAssistance Services; or\n\n2. Knowingly and willfully charges, solicits, accepts or receives, or causes to\nbe charged, solicited, accepted, or received any gift, money, donation or other\nconsideration, other than a charitable, religious or philanthropic contribution\nfrom an organization or from a person unrelated to the patient, in addition to\nany amount otherwise required to be paid under medical assistance:\n\t\t\ta. As a precondition of admitting a patient to a hospital, skilled nursing\nfacility or intermediate care facility; or\n\t\t\tb. As a requirement for the patient’s continued stay in such facility;\n\t\t\tshall be guilty of a Class 6 felony. In addition thereto, a fine may be\nimposed in an amount not to exceed $25,000. The Director of the Department of\nMedical Assistance Services may terminate or deny a contract to a provider for\nany violation of this section pursuant to § 32.1-325.\n\nHISTORY: 1981, c. 255; 1985, c. 153; 2010, c. 305.","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}}