                                 CODE OF VIRGINIA

DEFINITIONS (§ 38.2-4900)

As used in this article and Article 3 (§ 38.2-4924 et seq.):
		&#8220;Continuing care&#8221; 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
contracts, and (ii) in consideration of the payment of an entrance fee. A
contract shall be deemed to be one offering nursing services, irrespective of
whether such services are provided under such contract, if nursing services are
offered to the resident entering such contract either at the facility in
question or pursuant to arrangements specifically offered to residents of the
facility.
		&#8220;Continuing care&#8221; 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 contracts, (ii) in
consideration of the payment of an entrance fee, and (iii) where board and
nursing services are made available to the resident by the provider, either
directly or indirectly through affiliated persons, or through contractual
arrangements, whether or not such services are specifically offered in the
agreement for lodging.
		&#8220;Entrance fee&#8221; means an initial or deferred transfer to a provider
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 resident in a facility. 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 entrance fee except as provided in subsection A of §
38.2-4904.1.
		&#8220;Facility&#8221; means the place or places in which a person undertakes
to provide continuing care to an individual.
		&#8220;Provider&#8221; means any person, corporation, partnership or other
entity that provides or offers to provide continuing care to any individual in
an existing or proposed facility in this Commonwealth. Two or more related
individuals, corporations, partnerships or other entities may be treated as a
single provider if they cooperate in offering services to the residents of a
facility.
		&#8220;Resident&#8221; means an individual entitled to receive continuing care
in a facility.
		&#8220;Solicit&#8221; means all actions of a provider or his agent in seeking
to have individuals enter into a continuing care 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.

HISTORY: 1985, c. 554, § 38.1-955; 1986, cc. 562, 598; 1993, c. 683; 2012, cc.
208, 303.