                                 CODE OF VIRGINIA

COLLECTING EXCESS PAYMENT FOR SERVICES; CHARGING, SOLICITING, ACCEPTING OR
RECEIVING CERTAIN CONSIDERATION AS PRECONDITION FOR ADMITTANCE TO FACILITY OR
REQUIREMENT FOR CONTINUED STAY; PENALTY (§ 32.1-317)

When the cost of services provided in a facility or by an individual to a
patient is paid for, in whole or in part, under medical assistance, any person
who:

1. Knowingly and willfully collects or causes to be collected from a patient for
any service provided under medical assistance, money or other consideration at a
rate in excess of entitlements established by the Department of Medical
Assistance Services; or

2. Knowingly and willfully charges, solicits, accepts or receives, or causes to
be charged, solicited, accepted, or received any gift, money, donation or other
consideration, other than a charitable, religious or philanthropic contribution
from an organization or from a person unrelated to the patient, in addition to
any amount otherwise required to be paid under medical assistance:
			a. As a precondition of admitting a patient to a hospital, skilled nursing
facility or intermediate care facility; or
			b. As a requirement for the patient&#8217;s continued stay in such facility;
			shall be guilty of a Class 6 felony. In addition thereto, a fine may be
imposed in an amount not to exceed $25,000. The Director of the Department of
Medical Assistance Services may terminate or deny a contract to a provider for
any violation of this section pursuant to &#xA7; 32.1-325.

HISTORY: 1981, c. 255; 1985, c. 153; 2010, c. 305.