38.2-4900 - Definitions.
§ 38.2-4900. Definitions.
As used in this chapter:
"Continuing care" means providing or committing to provide board, lodgingand nursing services to an individual, other than an individual related byblood or marriage, (i) pursuant to an agreement effective for the life of theindividual or for a period in excess of one year, including mutuallyterminable contracts, and (ii) in consideration of the payment of an entrancefee. A contract shall be deemed to be one offering nursing services,irrespective of whether such services are provided under such contract, ifnursing services are offered to the resident entering such contract either atthe facility in question or pursuant to arrangements specifically offered toresidents of the facility.
"Continuing care" also means providing or committing to provide lodging toan individual, other than an individual related by blood or marriage, (i)pursuant to an agreement effective for the life of the individual or for aperiod in excess of one year, including mutually terminable contracts, (ii)in consideration of the payment of an entrance fee, and (iii) where board andnursing services are made available to the resident by the provider, eitherdirectly or indirectly through affiliated persons, or through contractualarrangements, whether or not such services are specifically offered in theagreement for lodging.
"Entrance fee" means an initial or deferred transfer to a provider of a sumof money or other property made or promised to be made in advance or at somefuture time as full or partial consideration for acceptance of a specifiedindividual as a resident in a facility. A fee which in the aggregate is lessthan the sum of the regular periodic charges for one year of residency shallnot 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 toprovide continuing care to an individual.
"Provider" means any person, corporation, partnership or other entity thatprovides or offers to provide continuing care to any individual in anexisting or proposed facility in this Commonwealth. Two or more relatedindividuals, corporations, partnerships or other entities may be treated as asingle provider if they cooperate in offering services to the residents of afacility.
"Resident" means an individual entitled to receive continuing care in afacility.
"Solicit" means all actions of a provider or his agent in seeking to haveindividuals enter into a continuing care agreement by any means such as, butnot limited to, personal, telephone or mail communication or any othercommunication directed to and received by any individual, and anyadvertisements in any media distributed or communicated by any means toindividuals.
(1985, c. 554, § 38.1-955; 1986, cc. 562, 598; 1993, c. 683.)