{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-4928.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-4928.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-4928.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-4928.html"}],"law_id":71210,"edition_id":1,"section_id":71210,"structure_id":15595,"section_number":"38.2-4928","catch_line":"Civil liability","history":"2012, cc. 208, 303.","full_text":"A\n\nA person contracting with a provider for continuing care or community-based continuing care may terminate the continuing care or CBCC contract and such provider shall be liable to the person contracting for continuing care or CBCC for repayment of all fees paid to the provider, facility, or person violating this chapter, together with interest thereon at the legal rate for judgments, court costs, and reasonable attorney fees, less the reasonable value of care and lodging provided to the resident prior to the termination of the contract, and for damages if, after the effective date of this chapter, such provider or a person acting on his behalf, with or without actual knowledge of the violation, enters into a contract with such person:1\n\nFor continuing care at a facility or community-based continuing care which has not registered under this chapter; or2\n\nWithout having first provided to such person a disclosure statement that does not (i) contain any untrue statement of a material fact or (ii) omit a material fact required to be stated therein or necessary in order to make the statements made therein not misleading, in light of the circumstances under which they are made.B\n\nA person who willfully or recklessly aids or abets a provider in the commission of any act prohibited by this section shall be liable as set out in subsection A.C\n\nThe Commission shall have no jurisdiction to adjudicate controversies concerning continuing care contracts or community-based continuing care contracts. A breach of contract shall not be deemed a violation of this chapter. Termination of a contract pursuant to subsection A shall not preclude the resident or participant from seeking any other remedies available under any law.","order_by":null,"text":{"0":{"id":256677,"text":"A person contracting with a provider for continuing care or community-based continuing care may terminate the continuing care or CBCC contract and such provider shall be liable to the person contracting for continuing care or CBCC for repayment of all fees paid to the provider, facility, or person violating this chapter, together with interest thereon at the legal rate for judgments, court costs, and reasonable attorney fees, less the reasonable value of care and lodging provided to the resident prior to the termination of the contract, and for damages if, after the effective date of this chapter, such provider or a person acting on his behalf, with or without actual knowledge of the violation, enters into a contract with such person:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":256678,"text":"For continuing care at a facility or community-based continuing care which has not registered under this chapter; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":256679,"text":"Without having first provided to such person a disclosure statement that does not (i) contain any untrue statement of a material fact or (ii) omit a material fact required to be stated therein or necessary in order to make the statements made therein not misleading, in light of the circumstances under which they are made.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":256680,"text":"A person who willfully or recklessly aids or abets a provider in the commission of any act prohibited by this section shall be liable as set out in subsection A.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":256681,"text":"The Commission shall have no jurisdiction to adjudicate controversies concerning continuing care contracts or community-based continuing care contracts. A breach of contract shall not be deemed a violation of this chapter. Termination of a contract pursuant to subsection A shall not preclude the resident or participant from seeking any other remedies available under any law.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15595,"edition_id":1,"name":"General Provisions","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14288,"metadata":{},"date_created":"2026-06-26 03:56:40","date_modified":"2026-06-26 03:56:40","permalink":{"id":217437,"object_type":"structure","relational_id":15595,"identifier":"3","token":"38.2\/49\/3","url":"\/38.2\/49\/3\/","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":67207,"structure_id":15595,"section_number":"38.2-4924","catch_line":"Sale or transfer of ownership or change in management","url":"\/38.2-4924\/","token":"38.2\/49\/3\/38.2-4924","metadata":false},{"id":71371,"structure_id":15595,"section_number":"38.2-4925","catch_line":"Financial instability","url":"\/38.2-4925\/","token":"38.2\/49\/3\/38.2-4925","metadata":false},{"id":73058,"structure_id":15595,"section_number":"38.2-4926","catch_line":"Waivers","url":"\/38.2-4926\/","token":"38.2\/49\/3\/38.2-4926","metadata":false},{"id":70964,"structure_id":15595,"section_number":"38.2-4927","catch_line":"Untrue, deceptive, or misleading advertising","url":"\/38.2-4927\/","token":"38.2\/49\/3\/38.2-4927","metadata":false},{"id":71210,"structure_id":15595,"section_number":"38.2-4928","catch_line":"Civil liability","url":"\/38.2-4928\/","token":"38.2\/49\/3\/38.2-4928","metadata":false},{"id":87047,"structure_id":15595,"section_number":"38.2-4929","catch_line":"Regulations","url":"\/38.2-4929\/","token":"38.2\/49\/3\/38.2-4929","metadata":false},{"id":59516,"structure_id":15595,"section_number":"38.2-4930","catch_line":"Investigations and subpoenas","url":"\/38.2-4930\/","token":"38.2\/49\/3\/38.2-4930","metadata":false},{"id":61444,"structure_id":15595,"section_number":"38.2-4931","catch_line":"Cease and desist orders; injunctions","url":"\/38.2-4931\/","token":"38.2\/49\/3\/38.2-4931","metadata":false},{"id":78060,"structure_id":15595,"section_number":"38.2-4932","catch_line":"Penalties","url":"\/38.2-4932\/","token":"38.2\/49\/3\/38.2-4932","metadata":false}],"previous_section":{"id":70964,"structure_id":15595,"section_number":"38.2-4927","catch_line":"Untrue, deceptive, or misleading advertising","url":"\/38.2-4927\/","token":"38.2\/49\/3\/38.2-4927","metadata":false},"next_section":{"id":87047,"structure_id":15595,"section_number":"38.2-4929","catch_line":"Regulations","url":"\/38.2-4929\/","token":"38.2\/49\/3\/38.2-4929","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-4928\/","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":false,"permalink":{"id":217455,"object_type":"law","relational_id":71210,"identifier":"38.2-4928","token":"38.2\/49\/3\/38.2-4928","url":"\/38.2-4928\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-4928\/","token":"38.2\/49\/3\/38.2-4928","dublin_core":{"Title":"Civil liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-4928","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> contracting with a provider for continuing care or community-based continuing care may terminate the continuing care or CBCC contract<\/span> and such provider shall be liable to the person<\/span> contracting for continuing care or CBCC for repayment of all fees paid to the provider, facility, or person<\/span> violating this chapter, together with interest thereon at the legal rate<\/span> for judgments<\/span>, court<\/span> costs, and reasonable attorney fees, less the reasonable value of care and lodging provided to the resident prior to the termination of the contract<\/span>, and for damages<\/span> if, after the effective date of this chapter, such provider or a person<\/span> acting on his behalf, with or without actual knowledge of the violation, enters into a contract<\/span> with such person<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For continuing care at a facility or community-based continuing care which has not registered under this chapter; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Without having first provided to such person<\/span> a disclosure statement<\/span> that does not (i) contain any untrue statement of a material<\/span> fact<\/span> or (ii) omit a material<\/span> fact<\/span> required to be stated therein or necessary in order<\/span> to make the statements made therein not misleading, in light of the circumstances under which they are made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A person<\/span> who willfully or recklessly aids or abets a provider in the commission<\/span> of any act prohibited by this section shall be liable as set out in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> shall have no jurisdiction<\/span> to adjudicate<\/span> controversies concerning continuing care contracts<\/span> or community-based continuing care contracts<\/span>. A breach of contract<\/span> shall not be deemed a violation of this chapter. Termination of a contract<\/span> pursuant to subsection A shall not preclude the resident or participant from seeking any other remedies available under any law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL LIABILITY (\u00a7 38.2-4928)\n\nA. A person contracting with a provider for continuing care or community-based\ncontinuing care may terminate the continuing care or CBCC contract and such\nprovider shall be liable to the person contracting for continuing care or CBCC\nfor repayment of all fees paid to the provider, facility, or person violating\nthis chapter, together with interest thereon at the legal rate for judgments,\ncourt costs, and reasonable attorney fees, less the reasonable value of care and\nlodging provided to the resident prior to the termination of the contract, and\nfor damages if, after the effective date of this chapter, such provider or a\nperson acting on his behalf, with or without actual knowledge of the violation,\nenters into a contract with such person:\n\n 1. For continuing care at a facility or community-based continuing care which\n has not registered under this chapter; or\n\n 2. Without having first provided to such person a disclosure statement that\n does not (i) contain any untrue statement of a material fact or (ii) omit a\n material fact required to be stated therein or necessary in order to make the\n statements made therein not misleading, in light of the circumstances under\n which they are made.\n\nB. A person who willfully or recklessly aids or abets a provider in the\ncommission of any act prohibited by this section shall be liable as set out in\nsubsection A.\n\nC. The Commission shall have no jurisdiction to adjudicate controversies\nconcerning continuing care contracts or community-based continuing care\ncontracts. A breach of contract shall not be deemed a violation of this chapter.\nTermination of a contract pursuant to subsection A shall not preclude the\nresident or participant from seeking any other remedies available under any law.\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}}