Virginia HB 425: Continuing care providers; requirements for providers, complaint process, report.

Bill Text

2022SESSION
INTRODUCED
22103568D
1 HOUSEBILLNO.425
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact §§ 38.2-4902 and 38.2-4910 of the Code of Virginia and to amend the
5 Code of Virginia by adding in Article 3 of Chapter 49 of Title 38.2 a section numbered 38.2-4933,
6 relating to continuing care providers; requirements for providers; complaint process; report.
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Patrons––Willett,Brewer,MorefieldandCarr;Senator:Barker
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9 ReferredtoCommitteeonCommerceandEnergy
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11 Be it enacted by the General Assembly of Virginia:
12 1. That §§ 38.2-4902 and 38.2-4910 of the Code of Virginia are amended and reenacted and that
13 the Code of Virginia is amended by adding in Article 3 of Chapter 49 of Title 38.2 a section
14 numbered 38.2-4933 as follows:
15 §38.2-4902. Disclosure statement.
16 A. The disclosure statement of each facility shall contain all of the following information unless such
17 information is contained in the continuing care contract and a copy of that contract is attached to and
18 made a part of the initial disclosure statement:
19 1. The name and business address of the provider and a statement of whether the provider is a
20 partnership, foundation, association, corporation or other type of business or legal entity.
21 2. Full information regarding ownership of the property on which the facility is or will be operated
22 and of the buildings in which it is or will be operated.
23 3. The names and business addresses of the officers, directors, trustees, managing or general partners,
24 and any person having a ten percent or greater equity or beneficial interest in the provider, and a
25 description of such person's interest in or occupation with the provider.
26 4. For (i) the provider, (ii) any person named in response to subdivision 3 of this subsection or (iii)
27 the proposed management, if the facility will be managed on a day-to-day basis by a person other than
28 an individual directly employed by the provider:
29 a. A description of any business experience in the operation or management of similar facilities.
30 b. The name and address of any professional service, firm, association, foundation, trust, partnership
31 or corporation or any other business or legal entity in which such person has, or which has in such
32 person, a 10 percent or greater interest and which it is presently intended will or may provide goods,
33 leases or services to the provider of a value of $500 or more, within any year, including:
34 (1) A description of the goods, leases or services and the probable or anticipated cost thereof to the
35 provider;
36 (2) The process by which the contract was awarded;
37 (3) Any additional offers that were received; and
38 (4) Any additional information requested by the Commission detailing how and why a contract was
39 awarded.
40 c. A description of any matter in which such person:
41 (1) Has been convicted of a felony or pleaded nolo contendere to a criminal charge, or been held
42 liable or enjoined in a civil action by final judgment, if the crime or civil action involved fraud,
43 embezzlement, fraudulent conversion, misappropriation of property or moral turpitude; or
44 (2) Is subject to an injunctive or restrictive order of a court of record, or within the past five years
45 had any state or federal license or permit suspended or revoked as a result of an action brought by a
46 governmental agency or department, arising out of or relating to business activity or health care,
47 including without limitation actions affecting a license to operate a foster care facility, nursing home,
48 retirement home, home for the aged or facility registered under this chapter or similar laws in another
49 state; or
50 (3) Is currently the subject of any state or federal prosecution, or administrative investigation
51 involving allegations of fraud, embezzlement, fraudulent conversion, or misappropriation of property.
52 5. A statement as to:
53 a. Whether the provider is or ever has been affiliated with a religious, charitable or other nonprofit
54 organization, the nature of any such affiliation, and the extent to which the affiliate organization is or
55 will be responsible for the financial and contractual obligations of the provider.
56 b. Any provision of the federal Internal Revenue Code under which the provider is exempt from the
57 payment of income tax.
58 6. The location and description of the real property of the facility, existing or proposed, and to the
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59 extent proposed, the estimated completion date or dates of improvements, whether or not construction
60 has begun and the contingencies under which construction may be deferred.
61 7. The accommodations and services provided or proposed to be provided under continuing care
62 contracts, including (i) check-in procedures, resident emergency call systems, and other safety-based
63 services and (ii) the extent to which medi