CODE OF VIRGINIA

DEFINITIONS (§ 38.2-4900)

As used in this article and Article 3 (§ 38.2-4924 et seq.):”Continuing
care” 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.”Continuing care” 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.”Entrance fee” 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.”Facility” means the place or places
in which a person undertakes to provide continuing care to an
individual.”Provider” 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.”Resident” means an individual entitled to receive
continuing care in a facility.”Solicit” 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.