Va. Code » Title 32.1. Health » Chapter 9. Regulation of Medical Assistance » Article 1. In General
Virginia Code

Va. Code Ann. § 32.1-317 (2026)

Collecting excess payment for services; charging, soliciting, accepting or receiving certain consideration as precondition for admittance to facility or requirement for continued stay; penalty

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

1. Knowingly and willfully collects or causes to be collected from a patient for any service provided under medical assistance, money or other consideration at a rate in excess of entitlements established by the Department of Medical Assistance Services; or

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

a. As a precondition of admitting a patient to a hospital, skilled nursing facility 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 be imposed in an amount not to exceed $25,000. The Director of the Department of Medical Assistance Services may terminate or deny a contract to a provider for any violation of this section pursuant to § 32.1-325.

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

Notes of Decisions
Cited in 4 cases, 1990–2009 · leading case: McAmis v. Wallace, 980 F. Supp. 181 (W.D. Va. 1997).
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McAmis v. Wallace, 980 F. Supp. 181 (W.D. Va. 1997). · cites it 2× “§ 32.1-317 (1997). As a result of this statutory scheme, it appears that Medicaid beneficiaries can only be personally liable for charges actually paid by Medicaid or due under Medicaid as deductibles, coinsurance or copayments.”
Wright v. Smith, 641 F. Supp. 2d 536 (W.D. Va. 2009). · cites it 2× “15 (2008); Va.Code Ann. § 32.1-317 (2004 Repl. Vol.); see also McAmis v.”
Chippenham Hosp., Inc. v. Shelton, 19 Va. Cir. 298 (Richmond County Cir. Ct. 1990). · cites it 3× “First, whether the hospital is barred by § 32.1-317 from recovering any amounts from Mr.”
Kelly v. Thomasson, 48 Va. Cir. 100 (Roanoke County Cir. Ct. 1999). · cites it 3× “It is a class 6 felony under Virginia law (see Va. Code § 32.1-317) for a health care provider to attempt to recover any additional charges from Medicaid patients.”
Va. Code Ann. § 32.1-317(1997): 1 case
McAmis v. Wallace, 980 F. Supp. 181 (W.D. Va. 1997). “§ 32.1-317 (1997). As a result of this statutory scheme, it appears that Medicaid beneficiaries can only be personally liable for charges actually paid by Medicaid or due under Medicaid as deductibles, coinsurance or copayments.”
Va. Code Ann. § 32.1-317(2)(b): 1 case
Chippenham Hosp., Inc. v. Shelton, 19 Va. Cir. 298 (Richmond County Cir. Ct. 1990). “First, whether the hospital is barred by § 32.1-317 from recovering any amounts from Mr.”
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