Virginia Code 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; penalty.
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:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 6 felony | up to 5 years | up to $2,500 |
Terms Used In Virginia Code 32.1-317
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the State Department of Health. See Virginia Code 32.1-3
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
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.