Code of Virginia - Title 38.2 Insurance - Chapter 49 Continuing Care Provider Registration And Disclosure

38.2-4900 Definitions
As used in this chapter: "Continuing care" means providing or committing to provide board, lodging and nursing services to an individual, other than an individual ...

38.2-4901 Registration
A. Except as provided in § 38.2-4912, no provider shall engage in the business of providing or offering to provide continuing care at a facility ...

38.2-4902 Disclosure statement
A. The disclosure statement of each facility shall contain all of the following information unless such information is contained in the continuing care contract and ...

38.2-4903 Availability of disclosure statement to prospective residents
At least three days prior to the execution of a continuing care contract or the transfer of any money or other property to a provider ...

38.2-4904 Annual disclosure statements
A. Within four months following the end of the provider's fiscal year, each provider shall file with the Commission and make available by written notice ...

38.2-4904.1 Escrow of entrance fee to continuing care providers and others
A. A provider shall maintain in escrow with a bank or trust company, or other escrow agent approved by the Commission, all entrance fees or ...

38.2-4905 Resident's contract
A. In addition to other provisions considered proper to effect the purpose of any continuing care contract, each contract executed on or after the effective ...

38.2-4906 Sale or transfer of ownership or change in management
A. No provider and no person or entity owning a provider shall sell or transfer, directly or indirectly, more than fifty percent of the ownership ...

38.2-4907 Financial instability
The Commission may act as authorized by § 38.2-4915 to protect residents or prospective residents when the Commission determines that: 1. A provider has been ...

38.2-4908 Waivers
No act, agreement or statement of any resident or by an individual purchasing care for a resident under any agreement to furnish care to the ...

38.2-4909 Untrue, deceptive or misleading advertising
The provisions of § 18.2-216 shall apply to all providers. (1985, c. 554, § 38.1-964; 1986, c. 562.) ...

38.2-4910 Right of organization
A. Residents shall have the right of self-organization. No retaliatory conduct shall be permitted against any resident for membership or participation in a residents' organization ...

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 ...

38.2-4912 Special provisions for existing providers; rights of residents with certain existing provider...
A. Providers existing prior to July 1, 1986, shall comply with its provisions within six months of July 1, 1986. However, the Commission may extend ...

38.2-4913 Regulations
A. The Commission shall have the authority to adopt, amend or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions ...

38.2-4914 Investigations and subpoenas
A. The Commission may make public or private investigations within or outside of this Commonwealth it deems necessary to determine whether any person has violated ...

38.2-4915 Cease and desist orders; injunctions
Whenever it appears to the Commission that any person has engaged in, or is about to engage in, any act or practice constituting a violation ...

38.2-4916 Penalties
A. Any person who willfully and knowingly violates any provision of this chapter, or any rule, regulation or order issued under this chapter, shall be ...

38.2-4917 Certain providers exempted
Notwithstanding any provisions to the contrary, this chapter shall not apply to providers that do not charge an entrance fee and which only accept assignments ...