32.1-317 - Collecting excess payment for services; charging, soliciting, accepting or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; pena - Virginia Statutes

§ 32.1-317. Collecting excess payment for services; charging, soliciting,accepting or receiving certain consideration as precondition for admittanceto facility or requirement for continued stay; penalty.

When the cost of services provided in a facility or by an individual to apatient is paid for, in whole or in part, under medical assistance, anyperson who:

1. Knowingly and willfully collects or causes to be collected from a patientfor any service provided under medical assistance, money or otherconsideration at a rate in excess of entitlements established by theDepartment of Medical Assistance Services; or

2. Knowingly and willfully charges, solicits, accepts or receives, or causesto be charged, solicited, accepted, or received any gift, money, donation orother consideration, other than a charitable, religious or philanthropiccontribution from an organization or from a person unrelated to the patient,in addition to any amount otherwise required to be paid under medicalassistance:

a. As a precondition of admitting a patient to a hospital, skilled nursingfacility or intermediate care facility; or

b. As a requirement for the patient's continued stay in such facility;

shall be guilty of a Class 6 felony. In addition thereto, a fine may beimposed in an amount not to exceed $25,000. The Director of the Department ofMedical Assistance Services may terminate or deny a contract to a providerfor any violation of this section pursuant to § 32.1-325.

(1981, c. 255; 1985, c. 153; 2010, c. 305.)