32.1-138.3 - Third party guarantor prohibition. - Virginia Statutes

§ 32.1-138.3. Third party guarantor prohibition.

Any facility certified under Title XVIII or XIX of the United States SocialSecurity Act shall not require a third party guarantee of payment to thefacility as a condition of admission or of expedited admission to, orcontinued stay in, the facility. This section shall not be construed toprevent a facility from requiring an individual who has legal access to aresident's income or resources which are available to pay for care in thefacility to sign a contract without incurring personal financial liabilityexcept for breach of the duty to provide payment from the resident's incomeor resources for such care.

For purposes of this section, the resident's income or resources shallinclude any amount deemed to be income or resources of the resident forpurposes of Medicaid eligibility and any resources transferred by theresident to a third party if the transfer disqualifies the resident fromMedicaid coverage for nursing facility services.

(1989, c. 193.)