{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-4923.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-4923.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-4923.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-4923.html"}],"law_id":71875,"edition_id":1,"section_id":71875,"structure_id":14289,"section_number":"38.2-4923","catch_line":"Participant’s contract","history":"2012, cc. 208, 303.","full_text":"A\n\nIn addition to other provisions considered proper to affect the purpose of any community-based continuing care contract, each CBCC contract executed on or after July 1, 2012, shall:1\n\nProvide for community-based continuing care;2\n\nShow the value of all property transferred, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the participant;3\n\nSpecify all services that are to be provided by the CBCC provider to each participant including, in detail, all items that each participant will receive, whether the items will be provided at a certain percentage for a designated time period or for life, and what criteria will be used to distinguish eligibility for certain services;4\n\nDescribe the physical and mental health and financial conditions upon which the CBCC provider may require the participant to relinquish his participation in the program, if any exist;5\n\nDescribe the circumstances under which the participant will be permitted to remain in the program in the event of financial difficulties of the participant;6\n\nProvide that the CBCC provider shall not cancel any community-based continuing care contract with any participant without good cause. Good cause shall be limited to (i) proof that the participant is a danger to himself or others; (ii) nonpayment by the participant of a monthly or periodic fee; (iii) repeated conduct by the participant that interferes with other participants’ quiet enjoyment of a facility or service, if applicable; (iv) persistent refusal to comply with reasonable written rules and regulations of the program; (v) a material misrepresentation made intentionally or recklessly by the participant in his application for participation in the program, or related materials, regarding information which, if accurately provided, would have resulted in either a failure of the participant to qualify for participation or a material increase in the cost of providing to the participant the care and services provided under the CBCC contract; or (vi) material breach by the participant of the terms and conditions of the community-based continuing care contract. If a CBCC provider seeks to cancel a CBCC contract and terminate a participant’s participation, the provider shall give the participant written notice of, and a reasonable opportunity to cure within a reasonable period, whatever conduct is alleged to warrant the cancellation of the CBCC contract;7\n\nProvide in clear and understandable language, in print no smaller than the largest type used in the body of the CBCC contract, the terms governing the refund of any portion of the CBCC entrance fee and the terms under which such fee can be used by the CBCC provider;8\n\nState the terms under which a CBCC contract is cancelled by the death of the participant. The CBCC contract may contain a provision to the effect that, upon the death of the participant, the money paid for the community-based continuing care of such participant shall be considered earned and become the property of the CBCC provider; and9\n\nProvide for at least 30 days’ advance notice to the participant before any change in fees, charges, or the scope of care or services may be effective, except for changes required by state or federal assistance programs.B\n\nA participant shall have the right to rescind a community-based continuing care contract, without penalty or forfeiture, within seven days after making an initial deposit or executing the contract. A participant shall not be required to initiate the program outlined in the contract before the expiration of the seven-day period.C\n\nIf a participant dies before initiating the program, or is precluded through illness, injury, or incapacity from becoming a participant under the terms of the community-based continuing care contract, the contract is automatically rescinded and the participant or his legal representative shall receive a full refund of all money paid to the CBCC provider, except those costs specifically incurred by the CBCC provider at the request of the participant and set forth in writing in a separate addendum, signed by both parties, to the contract.D\n\nNo standard community-based continuing care contract form shall be used in the Commonwealth until it has been submitted to the Commission. If the Commission determines that the CBCC contract does not comply with the provisions of this article, it shall have the right to take action pursuant to § 38.2-4931 to prevent its use. The failure of the Commission to object to or disapprove of any CBCC contract shall not be evidence that the contract does or does not comply with the provisions of this article. However, individualized amendments to any standard form need not be filed with the Commission.","order_by":null,"text":{"0":{"id":258950,"text":"In addition to other provisions considered proper to affect the purpose of any community-based continuing care contract, each CBCC contract executed on or after July 1, 2012, shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":258951,"text":"Provide for community-based continuing care;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":258952,"text":"Show the value of all property transferred, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the participant;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":258953,"text":"Specify all services that are to be provided by the CBCC provider to each participant including, in detail, all items that each participant will receive, whether the items will be provided at a certain percentage for a designated time period or for life, and what criteria will be used to distinguish eligibility for certain services;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":258954,"text":"Describe the physical and mental health and financial conditions upon which the CBCC provider may require the participant to relinquish his participation in the program, if any exist;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":258955,"text":"Describe the circumstances under which the participant will be permitted to remain in the program in the event of financial difficulties of the participant;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":258956,"text":"Provide that the CBCC provider shall not cancel any community-based continuing care contract with any participant without good cause. Good cause shall be limited to (i) proof that the participant is a danger to himself or others; (ii) nonpayment by the participant of a monthly or periodic fee; (iii) repeated conduct by the participant that interferes with other participants’ quiet enjoyment of a facility or service, if applicable; (iv) persistent refusal to comply with reasonable written rules and regulations of the program; (v) a material misrepresentation made intentionally or recklessly by the participant in his application for participation in the program, or related materials, regarding information which, if accurately provided, would have resulted in either a failure of the participant to qualify for participation or a material increase in the cost of providing to the participant the care and services provided under the CBCC contract; or (vi) material breach by the participant of the terms and conditions of the community-based continuing care contract. If a CBCC provider seeks to cancel a CBCC contract and terminate a participant’s participation, the provider shall give the participant written notice of, and a reasonable opportunity to cure within a reasonable period, whatever conduct is alleged to warrant the cancellation of the CBCC contract;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":258957,"text":"Provide in clear and understandable language, in print no smaller than the largest type used in the body of the CBCC contract, the terms governing the refund of any portion of the CBCC entrance fee and the terms under which such fee can be used by the CBCC provider;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":258958,"text":"State the terms under which a CBCC contract is cancelled by the death of the participant. The CBCC contract may contain a provision to the effect that, upon the death of the participant, the money paid for the community-based continuing care of such participant shall be considered earned and become the property of the CBCC provider; and","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":258959,"text":"Provide for at least 30 days’ advance notice to the participant before any change in fees, charges, or the scope of care or services may be effective, except for changes required by state or federal assistance programs.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"B"},"10":{"id":258960,"text":"A participant shall have the right to rescind a community-based continuing care contract, without penalty or forfeiture, within seven days after making an initial deposit or executing the contract. A participant shall not be required to initiate the program outlined in the contract before the expiration of the seven-day period.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A9","next_prefix":"C"},"11":{"id":258961,"text":"If a participant dies before initiating the program, or is precluded through illness, injury, or incapacity from becoming a participant under the terms of the community-based continuing care contract, the contract is automatically rescinded and the participant or his legal representative shall receive a full refund of all money paid to the CBCC provider, except those costs specifically incurred by the CBCC provider at the request of the participant and set forth in writing in a separate addendum, signed by both parties, to the contract.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"12":{"id":258962,"text":"No standard community-based continuing care contract form shall be used in the Commonwealth until it has been submitted to the Commission. If the Commission determines that the CBCC contract does not comply with the provisions of this article, it shall have the right to take action pursuant to § 38.2-4931 to prevent its use. The failure of the Commission to object to or disapprove of any CBCC contract shall not be evidence that the contract does or does not comply with the provisions of this article. However, individualized amendments to any standard form need not be filed with the Commission.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14289,"edition_id":1,"name":"Community-Based Continuing Care Providers","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14288,"metadata":{},"date_created":"2026-06-26 03:47:37","date_modified":"2026-06-26 03:47:37","permalink":{"id":217411,"object_type":"structure","relational_id":14289,"identifier":"2","token":"38.2\/49\/2","url":"\/38.2\/49\/2\/","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":80315,"structure_id":14289,"section_number":"38.2-4918","catch_line":"Definitions","url":"\/38.2-4918\/","token":"38.2\/49\/2\/38.2-4918","metadata":false},{"id":55558,"structure_id":14289,"section_number":"38.2-4919","catch_line":"Required filing","url":"\/38.2-4919\/","token":"38.2\/49\/2\/38.2-4919","metadata":false},{"id":71360,"structure_id":14289,"section_number":"38.2-4920","catch_line":"Community-based continuing care disclosure statement; availability of disclosure statement to prospective participants","url":"\/38.2-4920\/","token":"38.2\/49\/2\/38.2-4920","metadata":false},{"id":79430,"structure_id":14289,"section_number":"38.2-4921","catch_line":"Annual community-based continuing care disclosure statements","url":"\/38.2-4921\/","token":"38.2\/49\/2\/38.2-4921","metadata":false},{"id":70186,"structure_id":14289,"section_number":"38.2-4922","catch_line":"Escrow of entrance fee to community-based continuing care providers and others","url":"\/38.2-4922\/","token":"38.2\/49\/2\/38.2-4922","metadata":false},{"id":71875,"structure_id":14289,"section_number":"38.2-4923","catch_line":"Participant's contract","url":"\/38.2-4923\/","token":"38.2\/49\/2\/38.2-4923","metadata":false}],"previous_section":{"id":70186,"structure_id":14289,"section_number":"38.2-4922","catch_line":"Escrow of entrance fee to community-based continuing care providers and others","url":"\/38.2-4922\/","token":"38.2\/49\/2\/38.2-4922","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-4923\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 208<\/a> and 303<\/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.<\/p>","references":false,"refers_to":[{"id":61444,"section_number":"38.2-4931","catch_line":"Cease and desist orders; injunctions","order_by":null,"url":"\/38.2-4931\/"}],"permalink":{"id":217433,"object_type":"law","relational_id":71875,"identifier":"38.2-4923","token":"38.2\/49\/2\/38.2-4923","url":"\/38.2-4923\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-4923\/","token":"38.2\/49\/2\/38.2-4923","dublin_core":{"Title":"Participant’s contract","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-4923","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to other provisions considered proper to affect the purpose of any community-based continuing care<\/span> contract<\/span>, each CBCC<\/span> contract<\/span> executed on or after July 1, 2012, shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide for community-based continuing care<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Show the value of all property transferred, including donations, subscriptions, fees, and any other amounts paid or payable by, or on behalf of, the participant<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Specify all services that are to be provided by the CBCC provider<\/span> to each participant<\/span> including, in detail, all items that each participant<\/span> will receive, whether the items will be provided at a certain percentage for a designated time period or for life, and what criteria will be used to distinguish eligibility for certain services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Describe the physical and mental health and financial conditions upon which the CBCC provider<\/span> may require the participant<\/span> to relinquish his participation in the program, if any exist; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Describe the circumstances under which the participant<\/span> will be permitted to remain in the program in the event of financial difficulties of the participant<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Provide that the CBCC provider<\/span> shall not cancel any community-based continuing care<\/span> contract<\/span> with any participant<\/span> without good cause. Good cause shall be limited to (i) proof that the participant<\/span> is a danger to himself or others; (ii) nonpayment by the participant<\/span> of a monthly or periodic fee; (iii) repeated conduct by the participant<\/span> that interferes with other participants<\/span>’ quiet enjoyment of a facility or service, if applicable; (iv) persistent refusal to comply with reasonable written rules and regulations of the program; (v) a material<\/span> misrepresentation made intentionally or recklessly by the participant<\/span> in his application for participation in the program, or related materials<\/span>, regarding information which, if accurately provided, would have resulted in either a failure of the participant<\/span> to qualify for participation or a material<\/span> increase in the cost of providing to the participant<\/span> the care and services provided under the CBCC contract<\/span>; or (vi) material<\/span> breach by the participant<\/span> of the terms and conditions of the community-based continuing care<\/span> contract<\/span>. If a CBCC provider<\/span> seeks to cancel a CBCC contract<\/span> and terminate a participant<\/span>’s participation, the provider shall give the participant<\/span> written notice of, and a reasonable opportunity to cure within a reasonable period, whatever conduct is alleged to warrant the cancellation of the CBCC contract<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Provide in clear and understandable language, in print no smaller than the largest type used in the body of the CBCC contract<\/span>, the terms governing the refund of any portion of the CBCC entrance fee<\/span> and the terms under which such fee can be used by the CBCC provider<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> State<\/span> the terms under which a CBCC contract<\/span> is cancelled by the death of the participant<\/span>. The CBCC contract<\/span> may contain a provision to the effect that, upon the death of the participant<\/span>, the money paid for the community-based continuing care<\/span> of such participant<\/span> shall be considered earned and become the property of the CBCC provider<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Provide for at least 30 days’ advance notice to the participant<\/span> before any change in fees, charges, or the scope of care or services may be effective, except for changes required by state<\/span> or federal assistance programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A participant<\/span> shall have the right to rescind a community-based continuing care<\/span> contract<\/span>, without penalty<\/span> or forfeiture, within seven days after making an initial deposit or executing the contract<\/span>. A participant<\/span> shall not be required to initiate the program outlined in the contract<\/span> before the expiration of the seven-day period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a participant<\/span> dies before initiating the program, or is precluded through illness, injury, or incapacity from becoming a participant<\/span> under the terms of the community-based continuing care<\/span> contract<\/span>, the contract<\/span> is automatically rescinded and the participant<\/span> or his legal representative shall receive a full refund of all money paid to the CBCC provider<\/span>, except those costs specifically incurred by the CBCC provider<\/span> at the request of the participant<\/span> and set forth in writing in a separate addendum<\/span>, signed by both parties, to the contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No standard community-based continuing care<\/span> contract<\/span> form shall be used in the Commonwealth until it has been submitted to the Commission<\/span>. If the Commission<\/span> determines that the CBCC contract<\/span> does not comply with the provisions of this article, it shall have the right to take action pursuant to § 38.2-4931<\/a> to prevent its use. The failure of the Commission<\/span> to object<\/span> to or disapprove of any CBCC contract<\/span> shall not be evidence<\/span> that the contract<\/span> does or does not comply with the provisions of this article. However, individualized amendments to any standard form need not be filed with the Commission<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPARTICIPANT’S CONTRACT (\u00a7 38.2-4923)\n\nA. In addition to other provisions considered proper to affect the purpose of\nany community-based continuing care contract, each CBCC contract executed on or\nafter July 1, 2012, shall:\n\n 1. Provide for community-based continuing care;\n\n 2. Show the value of all property transferred, including donations,\n subscriptions, fees, and any other amounts paid or payable by, or on behalf\n of, the participant;\n\n 3. Specify all services that are to be provided by the CBCC provider to each\n participant including, in detail, all items that each participant will\n receive, whether the items will be provided at a certain percentage for a\n designated time period or for life, and what criteria will be used to\n distinguish eligibility for certain services;\n\n 4. Describe the physical and mental health and financial conditions upon which\n the CBCC provider may require the participant to relinquish his participation\n in the program, if any exist;\n\n 5. Describe the circumstances under which the participant will be permitted to\n remain in the program in the event of financial difficulties of the\n participant;\n\n 6. Provide that the CBCC provider shall not cancel any community-based\n continuing care contract with any participant without good cause. Good cause\n shall be limited to (i) proof that the participant is a danger to himself or\n others; (ii) nonpayment by the participant of a monthly or periodic fee; (iii)\n repeated conduct by the participant that interferes with other\n participants’ quiet enjoyment of a facility or service, if applicable;\n (iv) persistent refusal to comply with reasonable written rules and\n regulations of the program; (v) a material misrepresentation made\n intentionally or recklessly by the participant in his application for\n participation in the program, or related materials, regarding information\n which, if accurately provided, would have resulted in either a failure of the\n participant to qualify for participation or a material increase in the cost of\n providing to the participant the care and services provided under the CBCC\n contract; or (vi) material breach by the participant of the terms and\n conditions of the community-based continuing care contract. If a CBCC provider\n seeks to cancel a CBCC contract and terminate a participant’s\n participation, the provider shall give the participant written notice of, and\n a reasonable opportunity to cure within a reasonable period, whatever conduct\n is alleged to warrant the cancellation of the CBCC contract;\n\n 7. Provide in clear and understandable language, in print no smaller than the\n largest type used in the body of the CBCC contract, the terms governing the\n refund of any portion of the CBCC entrance fee and the terms under which such\n fee can be used by the CBCC provider;\n\n 8. State the terms under which a CBCC contract is cancelled by the death of\n the participant. The CBCC contract may contain a provision to the effect that,\n upon the death of the participant, the money paid for the community-based\n continuing care of such participant shall be considered earned and become the\n property of the CBCC provider; and\n\n 9. Provide for at least 30 days’ advance notice to the participant\n before any change in fees, charges, or the scope of care or services may be\n effective, except for changes required by state or federal assistance\n programs.\n\nB. A participant shall have the right to rescind a community-based continuing\ncare contract, without penalty or forfeiture, within seven days after making an\ninitial deposit or executing the contract. A participant shall not be required\nto initiate the program outlined in the contract before the expiration of the\nseven-day period.\n\nC. If a participant dies before initiating the program, or is precluded through\nillness, injury, or incapacity from becoming a participant under the terms of\nthe community-based continuing care contract, the contract is automatically\nrescinded and the participant or his legal representative shall receive a full\nrefund of all money paid to the CBCC provider, except those costs specifically\nincurred by the CBCC provider at the request of the participant and set forth in\nwriting in a separate addendum, signed by both parties, to the contract.\n\nD. No standard community-based continuing care contract form shall be used in\nthe Commonwealth until it has been submitted to the Commission. If the\nCommission determines that the CBCC contract does not comply with the provisions\nof this article, it shall have the right to take action pursuant to §\n38.2-4931 to prevent its use. The failure of the Commission to object to or\ndisapprove of any CBCC contract shall not be evidence that the contract does or\ndoes not comply with the provisions of this article. However, individualized\namendments to any standard form need not be filed with the Commission.\n\nHISTORY: 2012, cc. 208, 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}}