                                 CODE OF VIRGINIA

THIRD PARTY GUARANTOR PROHIBITION (§ 32.1-138.3)

Any facility certified under Title XVIII or XIX of the United States Social
Security Act shall not require a third party guarantee of payment to the
facility as a condition of admission or of expedited admission to, or continued
stay in, the facility. This section shall not be construed to prevent a facility
from requiring an individual who has legal access to a resident&#8217;s income
or resources which are available to pay for care in the facility to sign a
contract without incurring personal financial liability except for breach of the
duty to provide payment from the resident&#8217;s income or resources for such
care.
		For purposes of this section, the resident&#8217;s income or resources shall
include any amount deemed to be income or resources of the resident for purposes
of Medicaid eligibility and any resources transferred by the resident to a third
party if the transfer disqualifies the resident from Medicaid coverage for
nursing facility services.

HISTORY: 1989, c. 193.