§ 32.1-102.3:1.1. Continuing care retirement communities accessing medical assistance.
A. On or after July 1, 2010, 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 so long as:
1. The nursing facility is no longer operating under an open admissions period as defined in § 32.1-102.3:1;
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 10 percent of the facility may be 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's behalf, as defined in § 38.2-4900, as a result of expenditures for that resident's care in the continuing care retirement community.
B. Nothing in the conditions of any certificate of public need shall limit the ability of a continuing care retirement community to participate in the Medical Assistance Program.
C. Nothing in this section shall alter the conditions of a continuing care retirement community's participation in the Medical Assistance Program if that continuing care retirement community was certified for participation prior to July 1, 2010.
(2008, c. 857.)
Sections: Previous 32.1-93 32.1-102.1 32.1-102.1:1 32.1-102.2 32.1-102.2:1 32.1-102.3 32.1-102.3:1 32.1-102.3:1.1 32.1-102.3:2 32.1-102.3:2.1 32.1-102.3:2.2 32.1-102.3:3 32.1-102.3:5 32.1-102.4 32.1-102.5 NextLast modified: April 16, 2009