Referral agencies disclose fees and limits when recommending care homes

Referral agencies disclose key information and obtain an acknowledgment. These rules cover agencies paid by assisted living communities or personal care homes to refer prospective residents. They exclude a home and its employees, and residents or their representatives who refer someone. Agencies may give the disclosure in writing, electronically, or verbally. The agency must obtain and keep a written, electronic, or verbal acknowledgment. The acknowledgment does not bind the resident to the agency or prevent choosing another home. The agency must disclose this information no later than when it makes a referral.

Referral agencies may collect fees only when the acknowledgment is provided and the referral remains within its allowed period. The fee limits apply to referral agencies and the assisted living communities or personal care homes they refer people to. The acknowledgment must be provided to both the home and the prospective resident or their authorized representative. After the first 12 months, the home may confirm in writing that the person has not agreed to move into the referred home. The agency must then submit the referral again to reactivate it for the remaining 12 months. The 24-month period runs from the referral date to the move-in date. A confirmed referral may be resubmitted after the first 12 months for the remaining 12 months.

Prospective residents or their authorized representatives may end the agency’s services and use of the resident’s personal information. This applies to a prospective resident or their authorized representative. They must send written or electronic notice to the agency. They may give notice at any time.

The Attorney General enforces these rules; private lawsuits under the cited Fair Business Practices Act provision cannot enforce them. This applies to enforcement of the referral agency rules in this section.