A. Within four months following the end of the provider's fiscal year, each provider shall file with the Commission and make available by written notice to each resident at no cost an annual disclosure statement which shall contain the information required for the initial disclosure statement set forth in § 38.2-4902.
B. The annual disclosure statement shall also be accompanied by a narrative describing any material differences between:
1. The prior fiscal year's pro forma income statement, and
2. The actual results of operations during that fiscal year.
C. The annual disclosure statement shall describe the disposition of any real property acquired by the provider from residents of the facility.
D. In addition to filing the annual disclosure statement, the provider shall amend its currently filed disclosure statement at any other time if, in the opinion of the provider, an amendment is necessary to prevent the disclosure statement from containing any material misstatement of fact or failing to state any material fact required to be stated therein. Any such amendment or amended disclosure statement shall be filed with the Commission before it is delivered to any resident or prospective resident and is subject to all the requirements of this chapter, and the provider shall notify each resident of the existence of such amendment or amended disclosure statement.
E. If the Commission determines that the disclosure statement does not comply with the provisions of this chapter, it shall have the right to take action pursuant to § 38.2-4931.
1985, c. 554, § 38.1-959; 1986, c. 562; 2012, cc. 208, 303.
Structure Code of Virginia
Chapter 49 - Continuing Care Providers and Community-Based Continuing Care Providers
§ 38.2-4902. Disclosure statement
§ 38.2-4903. Availability of disclosure statement to prospective residents
§ 38.2-4904. Annual disclosure statements
§ 38.2-4904.1. Escrow of entrance fee to continuing care providers and others
§ 38.2-4905. Resident's contract
§ 38.2-4910. Right of organization
§ 38.2-4917. Certain providers exempted
§ 38.2-4921. Annual community-based continuing care disclosure statements
§ 38.2-4922. Escrow of entrance fee to community-based continuing care providers and others
§ 38.2-4923. Participant's contract
§ 38.2-4924. Sale or transfer of ownership or change in management
§ 38.2-4925. Financial instability
§ 38.2-4927. Untrue, deceptive, or misleading advertising
§ 38.2-4930. Investigations and subpoenas