Virginia Code

Va. Code Ann. § 32.1-138.3 (2026)

Third party guarantor prohibition

✓ current as of May 2026

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

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

1989, c. 193.

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: INOVA Health Sys. Servs., Inc. v. Bainbridge, 81 Va. Cir. 39 (Fairfax Cir. Ct. 2010).

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INOVA Health Sys. Servs., Inc. v. Bainbridge, 81 Va. Cir. 39 (Fairfax Cir. Ct. 2010). · cites it 20× “After considering the evidence presented at trial, supplemental argument submitted by Inova, common law principles of agency, provisions of the Social Security Act, andVa. Code § 32.1-138.3, the Court finds that Ms.”

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