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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83470</law_id><section_number>38.2-4900</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>32.1-102.3:1.1</reference><reference>32.1-102.3:2</reference><reference>32.1-127</reference><reference>32.1-276.3</reference><reference>32.1-276.5</reference><reference>32.1-373</reference><reference>38.2-400</reference><reference>38.2-4904.1</reference><reference>38.2-4918</reference><reference>38.2-4919</reference><reference>38.2-5806</reference><reference>4.1-206.3</reference><reference>52-36</reference><reference>54.1-2972</reference><reference>54.1-2987.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="38.2">Insurance</unit><unit label="chapter" level="2" order_by="1" identifier="49">Continuing Care Providers and Community-Based Continuing Care Providers</unit><unit label="article" level="3" order_by="1" identifier="1">Registration of Continuing Care Providers</unit></structure><text>
						<section><p>As used in this article and Article 3 (&#xA7;&#xA0;<a class="law" title="Sale or transfer of ownership or change in management" href="/38.2-4924/">38.2-4924</a> et seq.):
		&#x201C;<span class="dictionary">Continuing care</span>&#x201D; 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 <span class="dictionary">contracts</span>, and (ii) in consideration of the payment of an <span class="dictionary">entrance fee</span>. A <span class="dictionary">contract</span> shall be deemed to be one offering nursing services, irrespective of whether such services are provided under such <span class="dictionary">contract</span>, if nursing services are offered to the <span class="dictionary">resident</span> entering such <span class="dictionary">contract</span> either at the <span class="dictionary">facility</span> in question or pursuant to arrangements specifically offered to <span class="dictionary">residents</span> of the <span class="dictionary">facility</span>.
		&#x201C;<span class="dictionary">Continuing care</span>&#x201D; 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 <span class="dictionary">contracts</span>, (ii) in consideration of the payment of an <span class="dictionary">entrance fee</span>, and (iii) where board and nursing services are made available to the <span class="dictionary">resident</span> by the <span class="dictionary">provider</span>, either directly or indirectly through affiliated <span class="dictionary">persons</span>, or through contractual arrangements, whether or not such services are specifically offered in the agreement for lodging.
		&#x201C;<span class="dictionary">Entrance fee</span>&#x201D; means an initial or deferred transfer to a <span class="dictionary">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 <span class="dictionary">resident</span> in a <span class="dictionary">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 <span class="dictionary">entrance fee</span> except as provided in subsection A of &#xA7;&#xA0;<a class="law" title="Escrow of entrance fee to continuing care providers and others" href="/38.2-4904.1/">38.2-4904.1</a>.
		&#x201C;<span class="dictionary">Facility</span>&#x201D; means the place or places in which a <span class="dictionary">person</span> undertakes to provide <span class="dictionary">continuing care</span> to an individual.
		&#x201C;<span class="dictionary">Provider</span>&#x201D; means any <span class="dictionary">person</span>, corporation, partnership or other entity that provides or offers to provide <span class="dictionary">continuing care</span> to any individual in an existing or proposed <span class="dictionary">facility</span> in this Commonwealth. Two or more related individuals, corporations, partnerships or other entities may be treated as a single <span class="dictionary">provider</span> if they cooperate in offering services to the <span class="dictionary">residents</span> of a <span class="dictionary">facility</span>.
		&#x201C;<span class="dictionary">Resident</span>&#x201D; means an individual entitled to receive <span class="dictionary">continuing care</span> in a <span class="dictionary">facility</span>.
		&#x201C;<span class="dictionary">Solicit</span>&#x201D; means all actions of a <span class="dictionary">provider</span> or his agent in seeking to have individuals enter into a <span class="dictionary">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></text><history>1985, c. 554, &#xA7; 38.1-955; 1986, cc. 562, 598; 1993, c. 683; 2012, cc. 208, 303.</history><metadata></metadata></law>
