{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-4900.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-4900.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-4900.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-4900.html"}],"law_id":83470,"edition_id":1,"section_id":83470,"structure_id":15908,"section_number":"38.2-4900","catch_line":"Definitions","history":"1985, c. 554, \u00a7 38.1-955; 1986, cc. 562, 598; 1993, c. 683; 2012, cc. 208, 303.","full_text":"As used in this article and Article 3 (\u00a7 38.2-4924 et seq.):\n\t\t“Continuing care” means providing or committing to provide board, lodging and nursing services to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee. A contract shall be deemed to be one offering nursing services, irrespective of whether such services are provided under such contract, if nursing services are offered to the resident entering such contract either at the facility in question or pursuant to arrangements specifically offered to residents of the facility.\n\t\t“Continuing care” also means providing or committing to provide lodging to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, (ii) in consideration of the payment of an entrance fee, and (iii) where board and nursing services are made available to the resident by the provider, either directly or indirectly through affiliated persons, or through contractual arrangements, whether or not such services are specifically offered in the agreement for lodging.\n\t\t“Entrance fee” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which in the aggregate is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee except as provided in subsection A of \u00a7 38.2-4904.1.\n\t\t“Facility” means the place or places in which a person undertakes to provide continuing care to an individual.\n\t\t“Provider” means any person, corporation, partnership or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this Commonwealth. Two or more related individuals, corporations, partnerships or other entities may be treated as a single provider if they cooperate in offering services to the residents of a facility.\n\t\t“Resident” means an individual entitled to receive continuing care in a facility.\n\t\t“Solicit” means all actions of a provider or his agent in seeking to have individuals enter into a continuing care agreement by any means such as, but not limited to, personal, telephone or mail communication or any other communication directed to and received by any individual, and any advertisements in any media distributed or communicated by any means to individuals.","order_by":null,"text":{"0":{"id":299098,"text":"As used in this article and Article 3 (\u00a7 38.2-4924 et seq.):\n\t\t“Continuing care” means providing or committing to provide board, lodging and nursing services to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, and (ii) in consideration of the payment of an entrance fee. A contract shall be deemed to be one offering nursing services, irrespective of whether such services are provided under such contract, if nursing services are offered to the resident entering such contract either at the facility in question or pursuant to arrangements specifically offered to residents of the facility.\n\t\t“Continuing care” also means providing or committing to provide lodging to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts, (ii) in consideration of the payment of an entrance fee, and (iii) where board and nursing services are made available to the resident by the provider, either directly or indirectly through affiliated persons, or through contractual arrangements, whether or not such services are specifically offered in the agreement for lodging.\n\t\t“Entrance fee” means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident in a facility. A fee which in the aggregate is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee except as provided in subsection A of \u00a7 38.2-4904.1.\n\t\t“Facility” means the place or places in which a person undertakes to provide continuing care to an individual.\n\t\t“Provider” means any person, corporation, partnership or other entity that provides or offers to provide continuing care to any individual in an existing or proposed facility in this Commonwealth. Two or more related individuals, corporations, partnerships or other entities may be treated as a single provider if they cooperate in offering services to the residents of a facility.\n\t\t“Resident” means an individual entitled to receive continuing care in a facility.\n\t\t“Solicit” means all actions of a provider or his agent in seeking to have individuals enter into a continuing care agreement by any means such as, but not limited to, personal, telephone or mail communication or any other communication directed to and received by any individual, and any advertisements in any media distributed or communicated by any means to individuals.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15908,"edition_id":1,"name":"Registration of Continuing Care Providers","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14288,"metadata":{},"date_created":"2026-06-26 04:01:42","date_modified":"2026-06-26 04:01:42","permalink":{"id":217357,"object_type":"structure","relational_id":15908,"identifier":"1","token":"38.2\/49\/1","url":"\/38.2\/49\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14288,"edition_id":1,"name":"Continuing Care Providers and Community-Based Continuing Care Providers","identifier":"49","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:47:37","date_modified":"2026-06-26 03:47:37","permalink":{"id":217355,"object_type":"structure","relational_id":14288,"identifier":"49","token":"38.2\/49","url":"\/38.2\/49\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83470,"structure_id":15908,"section_number":"38.2-4900","catch_line":"Definitions","url":"\/38.2-4900\/","token":"38.2\/49\/1\/38.2-4900","metadata":false},{"id":84861,"structure_id":15908,"section_number":"38.2-4901","catch_line":"Registration","url":"\/38.2-4901\/","token":"38.2\/49\/1\/38.2-4901","metadata":false},{"id":69028,"structure_id":15908,"section_number":"38.2-4902","catch_line":"Disclosure statement","url":"\/38.2-4902\/","token":"38.2\/49\/1\/38.2-4902","metadata":false},{"id":61685,"structure_id":15908,"section_number":"38.2-4903","catch_line":"Availability of disclosure statement to prospective residents","url":"\/38.2-4903\/","token":"38.2\/49\/1\/38.2-4903","metadata":false},{"id":63774,"structure_id":15908,"section_number":"38.2-4904","catch_line":"Annual disclosure statements","url":"\/38.2-4904\/","token":"38.2\/49\/1\/38.2-4904","metadata":false},{"id":66671,"structure_id":15908,"section_number":"38.2-4904.1","catch_line":"Escrow of entrance fee to continuing care providers and others","url":"\/38.2-4904.1\/","token":"38.2\/49\/1\/38.2-4904.1","metadata":false},{"id":65856,"structure_id":15908,"section_number":"38.2-4905","catch_line":"Resident's contract","url":"\/38.2-4905\/","token":"38.2\/49\/1\/38.2-4905","metadata":false},{"id":78221,"structure_id":15908,"section_number":"38.2-4906","catch_line":"Repealed","url":"\/38.2-4906\/","token":"38.2\/49\/1\/38.2-4906","metadata":false},{"id":69644,"structure_id":15908,"section_number":"38.2-4910","catch_line":"Right of organization","url":"\/38.2-4910\/","token":"38.2\/49\/1\/38.2-4910","metadata":false},{"id":81292,"structure_id":15908,"section_number":"38.2-4911","catch_line":"Repealed","url":"\/38.2-4911\/","token":"38.2\/49\/1\/38.2-4911","metadata":false},{"id":62354,"structure_id":15908,"section_number":"38.2-4912","catch_line":"Special provisions for existing providers; rights of residents with certain existing providers","url":"\/38.2-4912\/","token":"38.2\/49\/1\/38.2-4912","metadata":false},{"id":84487,"structure_id":15908,"section_number":"38.2-4913","catch_line":"Repealed","url":"\/38.2-4913\/","token":"38.2\/49\/1\/38.2-4913","metadata":false},{"id":73529,"structure_id":15908,"section_number":"38.2-4917","catch_line":"Certain providers exempted","url":"\/38.2-4917\/","token":"38.2\/49\/1\/38.2-4917","metadata":false}],"next_section":{"id":84861,"structure_id":15908,"section_number":"38.2-4901","catch_line":"Registration","url":"\/38.2-4901\/","token":"38.2\/49\/1\/38.2-4901","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-4900\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 554 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 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1986, chapters 562 and 598; in 1993, chapter 683; in 2012, chapters 208<\/a> and 303<\/a>.<\/p>","references":[{"id":74212,"section_number":"32.1-102.3:1.1","catch_line":"Continuing care retirement communities accessing medical assistance","order_by":null,"url":"\/32.1-102.3_1.1\/"},{"id":81863,"section_number":"32.1-102.3:2","catch_line":"Certificates of public need; applications to be filed in response to Requests for Applications (RFAs)","order_by":null,"url":"\/32.1-102.3_2\/"},{"id":85883,"section_number":"32.1-127","catch_line":"(Effective January 1, 2026) Regulations","order_by":null,"url":"\/32.1-127\/"},{"id":67276,"section_number":"32.1-276.3","catch_line":"Definitions","order_by":null,"url":"\/32.1-276.3\/"},{"id":84829,"section_number":"32.1-276.5","catch_line":"Providers to submit data; civil penalty","order_by":null,"url":"\/32.1-276.5\/"},{"id":56976,"section_number":"32.1-373","catch_line":"Definitions","order_by":null,"url":"\/32.1-373\/"},{"id":57860,"section_number":"38.2-400","catch_line":"Expense of administration of insurance laws borne by licensees; minimum contribution","order_by":null,"url":"\/38.2-400\/"},{"id":66671,"section_number":"38.2-4904.1","catch_line":"Escrow of entrance fee to continuing care providers and others","order_by":null,"url":"\/38.2-4904.1\/"},{"id":80315,"section_number":"38.2-4918","catch_line":"Definitions","order_by":null,"url":"\/38.2-4918\/"},{"id":55558,"section_number":"38.2-4919","catch_line":"Required filing","order_by":null,"url":"\/38.2-4919\/"},{"id":71053,"section_number":"38.2-5806","catch_line":"Prohibited practices","order_by":null,"url":"\/38.2-5806\/"},{"id":71341,"section_number":"4.1-206.3","catch_line":"Retail licenses","order_by":null,"url":"\/4.1-206.3\/"},{"id":64445,"section_number":"52-36","catch_line":"Definitions","order_by":null,"url":"\/52-36\/"},{"id":59523,"section_number":"54.1-2972","catch_line":"When person deemed medically and legally dead; determination of death; nurses', licensed practical nurses', physician assistants', or advanced practice registered nurses' authority to pronounce death under certain circumstances","order_by":null,"url":"\/54.1-2972\/"},{"id":61456,"section_number":"54.1-2987.1","catch_line":"Durable Do Not Resuscitate Orders","order_by":null,"url":"\/54.1-2987.1\/"}],"refers_to":[{"id":66671,"section_number":"38.2-4904.1","catch_line":"Escrow of entrance fee to continuing care providers and others","order_by":null,"url":"\/38.2-4904.1\/"},{"id":67207,"section_number":"38.2-4924","catch_line":"Sale or transfer of ownership or change in management","order_by":null,"url":"\/38.2-4924\/"}],"permalink":{"id":217359,"object_type":"law","relational_id":83470,"identifier":"38.2-4900","token":"38.2\/49\/1\/38.2-4900","url":"\/38.2-4900\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-4900\/","token":"38.2\/49\/1\/38.2-4900","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-4900","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article and Article 3 (\u00a7 38.2-4924<\/a> et seq.):\n\t\t“Continuing care<\/span>” means providing or committing to provide board, lodging and nursing services to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts<\/span>, and (ii) in consideration of the payment of an entrance fee<\/span>. A contract<\/span> shall be deemed to be one offering nursing services, irrespective of whether such services are provided under such contract<\/span>, if nursing services are offered to the resident<\/span> entering such contract<\/span> either at the facility<\/span> in question or pursuant to arrangements specifically offered to residents<\/span> of the facility<\/span>.\n\t\t“Continuing care<\/span>” also means providing or committing to provide lodging to an individual, other than an individual related by blood or marriage, (i) pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts<\/span>, (ii) in consideration of the payment of an entrance fee<\/span>, and (iii) where board and nursing services are made available to the resident<\/span> by the provider<\/span>, either directly or indirectly through affiliated persons<\/span>, or through contractual arrangements, whether or not such services are specifically offered in the agreement for lodging.\n\t\t“Entrance fee<\/span>” means an initial or deferred transfer to a provider<\/span> of a sum of money or other property made or promised to be made in advance or at some future time as full or partial consideration for acceptance of a specified individual as a resident<\/span> in a facility<\/span>. A fee which in the aggregate is less than the sum of the regular periodic charges for one year of residency shall not be considered to be an entrance fee<\/span> except as provided in subsection A of \u00a7 38.2-4904.1<\/a>.\n\t\t“Facility<\/span>” means the place or places in which a person<\/span> undertakes to provide continuing care<\/span> to an individual.\n\t\t“Provider<\/span>” means any person<\/span>, corporation, partnership or other entity that provides or offers to provide continuing care<\/span> to any individual in an existing or proposed facility<\/span> in this Commonwealth. Two or more related individuals, corporations, partnerships or other entities may be treated as a single provider<\/span> if they cooperate in offering services to the residents<\/span> of a facility<\/span>.\n\t\t“Resident<\/span>” means an individual entitled to receive continuing care<\/span> in a facility<\/span>.\n\t\t“Solicit<\/span>” means all actions of a provider<\/span> or his agent in seeking to have individuals enter into a continuing care<\/span> agreement by any means such as, but not limited to, personal, telephone or mail communication or any other communication directed to and received by any individual, and any advertisements in any media distributed or communicated by any means to individuals.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 38.2-4900)\n\nAs used in this article and Article 3 (\u00a7 38.2-4924 et seq.):\n\t\t“Continuing care” means providing or committing to provide board,\nlodging and nursing services to an individual, other than an individual related\nby blood or marriage, (i) pursuant to an agreement effective for the life of the\nindividual or for a period in excess of one year, including mutually terminable\ncontracts, and (ii) in consideration of the payment of an entrance fee. A\ncontract shall be deemed to be one offering nursing services, irrespective of\nwhether such services are provided under such contract, if nursing services are\noffered to the resident entering such contract either at the facility in\nquestion or pursuant to arrangements specifically offered to residents of the\nfacility.\n\t\t“Continuing care” also means providing or committing to provide\nlodging to an individual, other than an individual related by blood or marriage,\n(i) pursuant to an agreement effective for the life of the individual or for a\nperiod in excess of one year, including mutually terminable contracts, (ii) in\nconsideration of the payment of an entrance fee, and (iii) where board and\nnursing services are made available to the resident by the provider, either\ndirectly or indirectly through affiliated persons, or through contractual\narrangements, whether or not such services are specifically offered in the\nagreement for lodging.\n\t\t“Entrance fee” means an initial or deferred transfer to a provider\nof a sum of money or other property made or promised to be made in advance or at\nsome future time as full or partial consideration for acceptance of a specified\nindividual as a resident in a facility. A fee which in the aggregate is less\nthan the sum of the regular periodic charges for one year of residency shall not\nbe considered to be an entrance fee except as provided in subsection A of \u00a7\n38.2-4904.1.\n\t\t“Facility” means the place or places in which a person undertakes\nto provide continuing care to an individual.\n\t\t“Provider” means any person, corporation, partnership or other\nentity that provides or offers to provide continuing care to any individual in\nan existing or proposed facility in this Commonwealth. Two or more related\nindividuals, corporations, partnerships or other entities may be treated as a\nsingle provider if they cooperate in offering services to the residents of a\nfacility.\n\t\t“Resident” means an individual entitled to receive continuing care\nin a facility.\n\t\t“Solicit” means all actions of a provider or his agent in seeking\nto have individuals enter into a continuing care agreement by any means such as,\nbut not limited to, personal, telephone or mail communication or any other\ncommunication directed to and received by any individual, and any advertisements\nin any media distributed or communicated by any means to individuals.\n\nHISTORY: 1985, c. 554, \u00a7 38.1-955; 1986, cc. 562, 598; 1993, c. 683; 2012, cc.\n208, 303.","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}}