                                 CODE OF VIRGINIA

CONTINUING CARE RETIREMENT COMMUNITIES ACCESSING MEDICAL ASSISTANCE (§
32.1-102.3:1.1)

A. A nursing facility in Planning District 8 in a continuing care retirement
community registered with the State Corporation Commission pursuant to Chapter
49 (§ 38.2-4900 et seq.) of Title 38.2, which is not already certified for
participation in the Medical Assistance Program, may be certified for
participation in the Medical Assistance Program, without regard to any condition
of a certificate of public need, so long as:

   1. The nursing facility is no longer operating under an open admissions
   period;

   2. Any residents who qualify and receive medical assistance under the state
   program must have been residents of the continuing care retirement community
   for at least three years;

   3. Not more than 25 percent of the nursing home beds of the facility, or 15
   nursing home beds, whichever is fewer, may be occupied by individuals
   receiving benefits at any given time; and

   4. Any resident who qualifies for and receives medical assistance under the
   state program in a continuing care retirement community nursing facility must
   have first exhausted any refundable entrance fee paid on the resident&#8217;s
   behalf, as defined in &#xA7; 38.2-4900, as a result of expenditures for that
   resident&#8217;s care in the continuing care retirement community.

B. Nothing in this section shall alter the conditions of a continuing care
retirement community&#8217;s participation in the Medical Assistance Program if
that continuing care retirement community was certified for participation prior
to July 1, 2010.
			For the purposes of this section, &#8220;open admissions period&#8221; means
a time during which a facility may take admissions directly into its nursing
home beds without the signing of a standard contract.

HISTORY: 2008, c. 857; 2011, c. 155; 2019, cc. 299, 384.