§ 38.2-4911. Civil liability
A. A person contracting with a provider for continuing care may terminate the continuing care contract and such provider shall be liable to the person contracting for continuing care 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's 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 which has not registered under this chapter; or
2. Without having first provided to such person a disclosure statement not (i) containing any untrue statement of a material fact or (ii) omitting 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 of this section.
C. The Commission shall have no jurisdiction to adjudicate controversies concerning continuing care contracts. A breach of contract shall not be deemed a violation of this chapter. Termination of a contract pursuant to subsection A of this section shall not preclude the resident's seeking any other remedies available under any law.
(1985, c. 554, § 38.1-966; 1986, c. 562.)
Sections: Previous 38.2-4904 38.2-4904.1 38.2-4905 38.2-4906 38.2-4907 38.2-4908 38.2-4909 38.2-4910 38.2-4911 38.2-4912 38.2-4913 38.2-4914 38.2-4915 38.2-4916 38.2-4917 NextLast modified: April 3, 2009