                                 CODE OF VIRGINIA

CIVIL LIABILITY (§ 38.2-4928)

A. A person contracting with a provider for continuing care or community-based
continuing care may terminate the continuing care or CBCC contract and such
provider shall be liable to the person contracting for continuing care or CBCC
for repayment of all fees paid to the provider, facility, or person violating
this chapter, together with interest thereon at the legal rate for judgments,
court costs, and reasonable attorney fees, less the reasonable value of care and
lodging provided to the resident prior to the termination of the contract, and
for damages if, after the effective date of this chapter, such provider or a
person acting on his behalf, with or without actual knowledge of the violation,
enters into a contract with such person:

   1. For continuing care at a facility or community-based continuing care which
   has not registered under this chapter; or

   2. Without having first provided to such person a disclosure statement that
   does not (i) contain any untrue statement of a material fact or (ii) omit a
   material fact required to be stated therein or necessary in order to make the
   statements made therein not misleading, in light of the circumstances under
   which they are made.

B. A person who willfully or recklessly aids or abets a provider in the
commission of any act prohibited by this section shall be liable as set out in
subsection A.

C. The Commission shall have no jurisdiction to adjudicate controversies
concerning continuing care contracts or community-based continuing care
contracts. A breach of contract shall not be deemed a violation of this chapter.
Termination of a contract pursuant to subsection A shall not preclude the
resident or participant from seeking any other remedies available under any law.

HISTORY: 2012, cc. 208, 303.