{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-325.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-325.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-325.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-325.01.html"}],"law_id":83706,"edition_id":1,"section_id":83706,"structure_id":13276,"section_number":"32.1-325.01","catch_line":"Certain term life insurance considered resources","history":"1993, c. 990.","full_text":"When making eligibility determinations for institutional or community-based care to be paid for by the Department, the Department shall consider as an uncompensated transfer all resources that are used by an applicant to purchase any term life insurance policy that does not have a benefit payable at death that will equal or exceed twice the sum of all premiums paid for such policy if such policy was purchased within thirty months prior to the date of application for assistance.\n\t\tThe provisions of this section shall not apply to term life insurance policies for pre-need funerals pursuant to \u00a7 54.1-2820, except that any benefits paid under such policy in excess of such actual expenses shall be subject to recovery by the Department of Medical Assistance Services for Medicaid payments made on behalf of the deceased insured. The provisions of this section shall not apply to any term life insurance policies purchased prior to the effective date of this law.","order_by":null,"text":{"0":{"id":300079,"text":"When making eligibility determinations for institutional or community-based care to be paid for by the Department, the Department shall consider as an uncompensated transfer all resources that are used by an applicant to purchase any term life insurance policy that does not have a benefit payable at death that will equal or exceed twice the sum of all premiums paid for such policy if such policy was purchased within thirty months prior to the date of application for assistance.\n\t\tThe provisions of this section shall not apply to term life insurance policies for pre-need funerals pursuant to \u00a7 54.1-2820, except that any benefits paid under such policy in excess of such actual expenses shall be subject to recovery by the Department of Medical Assistance Services for Medicaid payments made on behalf of the deceased insured. The provisions of this section shall not apply to any term life insurance policies purchased prior to the effective date of this law.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13276,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13275,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":201355,"object_type":"structure","relational_id":13276,"identifier":"1","token":"32.1\/10\/1","url":"\/32.1\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13275,"edition_id":1,"name":"Department of Medical Assistance Services","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":201353,"object_type":"structure","relational_id":13275,"identifier":"10","token":"32.1\/10","url":"\/32.1\/10\/","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":75748,"structure_id":13276,"section_number":"32.1-323","catch_line":"Department of Medical Assistance Services","url":"\/32.1-323\/","token":"32.1\/10\/1\/32.1-323","metadata":false},{"id":73079,"structure_id":13276,"section_number":"32.1-323.1","catch_line":"Department to submit forecast of expenditures","url":"\/32.1-323.1\/","token":"32.1\/10\/1\/32.1-323.1","metadata":false},{"id":78209,"structure_id":13276,"section_number":"32.1-323.2","catch_line":"Elimination of waiting lists for certain waivers","url":"\/32.1-323.2\/","token":"32.1\/10\/1\/32.1-323.2","metadata":false},{"id":65434,"structure_id":13276,"section_number":"32.1-323.3","catch_line":"Dependents of foreign service members; waiting lists for certain waivers","url":"\/32.1-323.3\/","token":"32.1\/10\/1\/32.1-323.3","metadata":false},{"id":74370,"structure_id":13276,"section_number":"32.1-323.4","catch_line":"Department to facilitate transition of persons between certain waiver programs","url":"\/32.1-323.4\/","token":"32.1\/10\/1\/32.1-323.4","metadata":false},{"id":56444,"structure_id":13276,"section_number":"32.1-324","catch_line":"Board of Medical Assistance Services","url":"\/32.1-324\/","token":"32.1\/10\/1\/32.1-324","metadata":false},{"id":82951,"structure_id":13276,"section_number":"32.1-324.1","catch_line":"Authority to administer oaths, conduct hearings; obtaining relevant documents and other information","url":"\/32.1-324.1\/","token":"32.1\/10\/1\/32.1-324.1","metadata":false},{"id":68172,"structure_id":13276,"section_number":"32.1-324.2","catch_line":"Director to facilitate communication","url":"\/32.1-324.2\/","token":"32.1\/10\/1\/32.1-324.2","metadata":false},{"id":75151,"structure_id":13276,"section_number":"32.1-324.3","catch_line":"Uninsured Medical Catastrophe Fund established","url":"\/32.1-324.3\/","token":"32.1\/10\/1\/32.1-324.3","metadata":false},{"id":77747,"structure_id":13276,"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","url":"\/32.1-325\/","token":"32.1\/10\/1\/32.1-325","metadata":false},{"id":76231,"structure_id":13276,"section_number":"32.1-325.001","catch_line":"Repealed","url":"\/32.1-325.001\/","token":"32.1\/10\/1\/32.1-325.001","metadata":false},{"id":83706,"structure_id":13276,"section_number":"32.1-325.01","catch_line":"Certain term life insurance considered resources","url":"\/32.1-325.01\/","token":"32.1\/10\/1\/32.1-325.01","metadata":false},{"id":54270,"structure_id":13276,"section_number":"32.1-325.02","catch_line":"Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances","url":"\/32.1-325.02\/","token":"32.1\/10\/1\/32.1-325.02","metadata":false},{"id":73332,"structure_id":13276,"section_number":"32.1-325.03","catch_line":"Legal presence required for certain state and local public benefits; exceptions; definitions; proof of legal presence","url":"\/32.1-325.03\/","token":"32.1\/10\/1\/32.1-325.03","metadata":false},{"id":83713,"structure_id":13276,"section_number":"32.1-325.04","catch_line":"Eligibility for medical assistance; individuals confined in state correctional facilities","url":"\/32.1-325.04\/","token":"32.1\/10\/1\/32.1-325.04","metadata":false},{"id":75066,"structure_id":13276,"section_number":"32.1-325.1","catch_line":"Appeals of agency determinations","url":"\/32.1-325.1\/","token":"32.1\/10\/1\/32.1-325.1","metadata":false},{"id":87103,"structure_id":13276,"section_number":"32.1-325.1:1","catch_line":"Definitions; recovery of overpayment for medical assistance services","url":"\/32.1-325.1_1\/","token":"32.1\/10\/1\/32.1-325.1_1","metadata":false},{"id":56047,"structure_id":13276,"section_number":"32.1-325.2","catch_line":"Department is payor of last resort","url":"\/32.1-325.2\/","token":"32.1\/10\/1\/32.1-325.2","metadata":false},{"id":60758,"structure_id":13276,"section_number":"32.1-325.3","catch_line":"Disclosure or use of information for purpose not connected with medical assistance program; Department not subject to certain disclosure","url":"\/32.1-325.3\/","token":"32.1\/10\/1\/32.1-325.3","metadata":false},{"id":55595,"structure_id":13276,"section_number":"32.1-325.4","catch_line":"Penalty for violation","url":"\/32.1-325.4\/","token":"32.1\/10\/1\/32.1-325.4","metadata":false},{"id":60835,"structure_id":13276,"section_number":"32.1-325.5","catch_line":"State pharmacy benefits manager","url":"\/32.1-325.5\/","token":"32.1\/10\/1\/32.1-325.5","metadata":false},{"id":62094,"structure_id":13276,"section_number":"32.1-326","catch_line":"Director may make payments to or for eligible persons in state-owned medical facilities","url":"\/32.1-326\/","token":"32.1\/10\/1\/32.1-326","metadata":false},{"id":75399,"structure_id":13276,"section_number":"32.1-326.1","catch_line":"Department to operate program of estate recovery","url":"\/32.1-326.1\/","token":"32.1\/10\/1\/32.1-326.1","metadata":false},{"id":86309,"structure_id":13276,"section_number":"32.1-326.2","catch_line":"Pilot school\/community health centers","url":"\/32.1-326.2\/","token":"32.1\/10\/1\/32.1-326.2","metadata":false},{"id":69227,"structure_id":13276,"section_number":"32.1-326.3","catch_line":"Special education health services; memorandum of agreement between the Department of Education and the Department of Medical Assistance Services","url":"\/32.1-326.3\/","token":"32.1\/10\/1\/32.1-326.3","metadata":false},{"id":81598,"structure_id":13276,"section_number":"32.1-327","catch_line":"Claim against indigent's estate for payments made","url":"\/32.1-327\/","token":"32.1\/10\/1\/32.1-327","metadata":false},{"id":59946,"structure_id":13276,"section_number":"32.1-328","catch_line":"Repealed","url":"\/32.1-328\/","token":"32.1\/10\/1\/32.1-328","metadata":false},{"id":74371,"structure_id":13276,"section_number":"32.1-329","catch_line":"Repealed","url":"\/32.1-329\/","token":"32.1\/10\/1\/32.1-329","metadata":false},{"id":85726,"structure_id":13276,"section_number":"32.1-330","catch_line":"Long-term services and supports screening required","url":"\/32.1-330\/","token":"32.1\/10\/1\/32.1-330","metadata":false},{"id":80319,"structure_id":13276,"section_number":"32.1-330.01","catch_line":"Reports related to long-term services and supports","url":"\/32.1-330.01\/","token":"32.1\/10\/1\/32.1-330.01","metadata":false},{"id":56351,"structure_id":13276,"section_number":"32.1-330.02","catch_line":"Average hourly payment rates; publication","url":"\/32.1-330.02\/","token":"32.1\/10\/1\/32.1-330.02","metadata":false},{"id":75895,"structure_id":13276,"section_number":"32.1-330.1","catch_line":"Department to implement premium assistance program for HIV-positive individuals","url":"\/32.1-330.1\/","token":"32.1\/10\/1\/32.1-330.1","metadata":false},{"id":67982,"structure_id":13276,"section_number":"32.1-330.2","catch_line":"Medicaid managed care programs; program information documents; plain language required","url":"\/32.1-330.2\/","token":"32.1\/10\/1\/32.1-330.2","metadata":false},{"id":67859,"structure_id":13276,"section_number":"32.1-330.3","catch_line":"Operation of a PACE plan; oversight by Department of Medical Assistance Services","url":"\/32.1-330.3\/","token":"32.1\/10\/1\/32.1-330.3","metadata":false},{"id":85218,"structure_id":13276,"section_number":"32.1-330.4","catch_line":"Uniform assessment instrument for PACE plans","url":"\/32.1-330.4\/","token":"32.1\/10\/1\/32.1-330.4","metadata":false},{"id":56407,"structure_id":13276,"section_number":"32.1-330.5","catch_line":"Reports related to eligibility renewal","url":"\/32.1-330.5\/","token":"32.1\/10\/1\/32.1-330.5","metadata":false},{"id":59199,"structure_id":13276,"section_number":"32.1-331","catch_line":"Repealed","url":"\/32.1-331\/","token":"32.1\/10\/1\/32.1-331","metadata":false},{"id":60720,"structure_id":13276,"section_number":"32.1-331.01","catch_line":"Health Care Coverage Assessment Fund","url":"\/32.1-331.01\/","token":"32.1\/10\/1\/32.1-331.01","metadata":false},{"id":76953,"structure_id":13276,"section_number":"32.1-331.02","catch_line":"Health Care Provider Payment Rate Assessment Fund","url":"\/32.1-331.02\/","token":"32.1\/10\/1\/32.1-331.02","metadata":false},{"id":79240,"structure_id":13276,"section_number":"32.1-331.03","catch_line":"Process for payment directly to nursing facility or ICF\/MR","url":"\/32.1-331.03\/","token":"32.1\/10\/1\/32.1-331.03","metadata":false},{"id":80605,"structure_id":13276,"section_number":"32.1-331.04","catch_line":"Personal care aides; orientation program","url":"\/32.1-331.04\/","token":"32.1\/10\/1\/32.1-331.04","metadata":false},{"id":84036,"structure_id":13276,"section_number":"32.1-331.05","catch_line":"Coordinated specialty care; work group","url":"\/32.1-331.05\/","token":"32.1\/10\/1\/32.1-331.05","metadata":false},{"id":77511,"structure_id":13276,"section_number":"32.1-331.06","catch_line":"Annual review of medications and treatment for sickle cell disease; report","url":"\/32.1-331.06\/","token":"32.1\/10\/1\/32.1-331.06","metadata":false}],"previous_section":{"id":76231,"structure_id":13276,"section_number":"32.1-325.001","catch_line":"Repealed","url":"\/32.1-325.001\/","token":"32.1\/10\/1\/32.1-325.001","metadata":false},"next_section":{"id":54270,"structure_id":13276,"section_number":"32.1-325.02","catch_line":"Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances","url":"\/32.1-325.02\/","token":"32.1\/10\/1\/32.1-325.02","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-325.01\/","history_text":"<p>This law was first created in 1993. The record of its establishment is cataloged in chapter 990 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 1993 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":[{"id":68795,"section_number":"54.1-2820","catch_line":"Requirements of preneed funeral contracts","order_by":null,"url":"\/54.1-2820\/"}],"permalink":{"id":201401,"object_type":"law","relational_id":83706,"identifier":"32.1-325.01","token":"32.1\/10\/1\/32.1-325.01","url":"\/32.1-325.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-325.01\/","token":"32.1\/10\/1\/32.1-325.01","dublin_core":{"Title":"Certain term life insurance considered resources","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-325.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When making eligibility determinations for institutional or community-based care to be paid for by the <span class=\"dictionary\">Department<\/span>, the <span class=\"dictionary\">Department<\/span> shall consider as an uncompensated transfer all resources that are used by an applicant to purchase any term life insurance policy that does not have a benefit payable at death that will equal or exceed twice the sum of all premiums paid for such policy if such policy was purchased within thirty months prior to the date of application for assistance.\n\t\tThe provisions of this section shall not apply to term life insurance policies for pre-need funerals pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Requirements of preneed funeral contracts\" href=\"\/54.1-2820\/\">54.1-2820<\/a>, except that any benefits paid under such policy in excess of such actual expenses shall be subject to recovery by the <span class=\"dictionary\">Department<\/span> of Medical Assistance Services for Medicaid payments made on behalf of the deceased insured. The provisions of this section shall not apply to any term life insurance policies purchased prior to the effective date of this <span class=\"dictionary\">law<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCERTAIN TERM LIFE INSURANCE CONSIDERED RESOURCES (\u00a7 32.1-325.01)\n\nWhen making eligibility determinations for institutional or community-based care\nto be paid for by the Department, the Department shall consider as an\nuncompensated transfer all resources that are used by an applicant to purchase\nany term life insurance policy that does not have a benefit payable at death\nthat will equal or exceed twice the sum of all premiums paid for such policy if\nsuch policy was purchased within thirty months prior to the date of application\nfor assistance.\n\t\tThe provisions of this section shall not apply to term life insurance policies\nfor pre-need funerals pursuant to \u00a7 54.1-2820, except that any benefits paid\nunder such policy in excess of such actual expenses shall be subject to recovery\nby the Department of Medical Assistance Services for Medicaid payments made on\nbehalf of the deceased insured. The provisions of this section shall not apply\nto any term life insurance policies purchased prior to the effective date of\nthis law.\n\nHISTORY: 1993, c. 990.","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}}