32.1-102.3:1.1 - Continuing care retirement communities accessing medical assistance.
§ 32.1-102.3:1.1. Continuing care retirement communities accessing medicalassistance.
A. On or after July 1, 2010, a nursing facility in Planning District 8 in acontinuing care retirement community registered with the State CorporationCommission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2, whichis not already certified for participation in the Medical Assistance Program,may be certified for participation in the Medical Assistance Program so longas:
1. The nursing facility is no longer operating under an open admissionsperiod as defined in § 32.1-102.3:1;
2. Any residents who qualify and receive medical assistance under the stateprogram must have been residents of the continuing care retirement communityfor at least three years;
3. Not more than 10 percent of the facility may be receiving benefits at anygiven time; and
4. Any resident who qualifies for and receives medical assistance under thestate program in a continuing care retirement community nursing facility musthave first exhausted any refundable entrance fee paid on the resident'sbehalf, as defined in § 38.2-4900, as a result of expenditures for thatresident's care in the continuing care retirement community.
B. Nothing in the conditions of any certificate of public need shall limitthe ability of a continuing care retirement community to participate in theMedical Assistance Program.
C. Nothing in this section shall alter the conditions of a continuing careretirement community's participation in the Medical Assistance Program ifthat continuing care retirement community was certified for participationprior to July 1, 2010.
(2008, c. 857.)