bill regulating paid referral agencies for assisted living

The text as introduced · 937 words

89R10003 JTZ-D

By: Campos
H.B. No. 2928

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of referral agencies for assisted living

facilities; providing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 247, Health and Safety Code, is amended

by adding Subchapter F to read as follows:

SUBCHAPTER F. REFERRAL AGENCIES

Sec. 247.151. DEFINITIONS. In this subchapter:

(1) "Client" means an individual seeking assistance

with entering into an arrangement with an assisted living facility

through a referral agency.

(2) "Referral agency" means a person who for

compensation provides client referral services to individuals or

assisted living facilities.

Sec. 247.152. DISCLOSURE REQUIRED. (a) A referral agency

shall provide a written disclosure statement to each client before

referring the client to an assisted living facility. A referral

agency that only provides information to an individual is not

required to provide the statement to the individual.

(b) The disclosure statement must contain the following

information:

(1) the name, address, and telephone number of the

referral agency;

(2) the services the referral agency provides to the

client;

(3) the fee amount the referral agency charges to the

client;

(4) the fee amount the referral agency charges to the

referred assisted living facility;

(5) the date of the most recent visit by referral

agency personnel to the referred assisted living facility;

(6) a statement on whether the referral agency or its

personnel have an ownership interest in the referred assisted

living facility;

(7) a statement acknowledging the client may cease

using the services of the referral agency without the agency

assessing a penalty or cancellation fee against the client;

(8) a statement that the client is not required to

enter into an agreement with the referred assisted living facility;

and

(9) lines for the client's name and the date on which

the referral agency provided the disclosure statement to the

client.

Sec. 247.153. INTAKE FORM. (a) A referral agency shall

complete a standardized intake form for each client before

referring the client to an assisted living facility. A referral

agency that only provides information to an individual is not

required to complete the intake form for the individual.

(b) The executive commissioner by rule shall prescribe a

standardized intake form for use under this section.

(c) The intake form must ask a client to provide the

following information regarding the client:

(1) recent medical history relevant to the referral

process;

(2) known medications and medication management

needs;

(3) known medical diagnoses, health concerns, and

reasons for seeking a referral to an assisted living facility;

(4) behaviors or symptoms that may cause concern or

require special care;

(5) any mental illness, dementia, or developmental

disability diagnosis;

(6) daily living assistance needs, activity

preferences, and sleeping habits;

(7) particular cultural or language access needs and

accommodations;

(8) geographic location preferences;

(9) any special dietary needs and food preferences;

(10) a description of the client's daily routine; and

(11) basic financial information and any available

long-term care insurance or financial assistance, including

Medicaid, that may be helpful in defining assisted living facility

options for the client.

Sec. 247.154. GENERAL FACILITY INFORMATION. (a) Before

referring a client to an assisted living facility, a referral

agency shall consult with a representative of the facility and

obtain the following general information:

(1) the type and number of the facility's license;

(2) whether the facility's license authorizes the

facility to provide care to individuals with a mental illness,

dementia, or a developmental disability;

(3) sources of payment the facility accepts, including

whether the facility accepts Medicaid;

(4) general level of medication management services

the facility provides;

(5) general level and types of personal care services

the facility provides;

(6) particular cultural needs the facility

accommodates or may accommodate;

(7) primary and secondary languages spoken by the

facility's care providers;

(8) activities the facility typically provides;

(9) client behavioral problems or symptoms the

facility is or is not equipped to address;

(10) food preferences and special dietary needs the

facility accommodates or may accommodate; and

(11) other available special care or services.

(b) A referral agency at least annually shall consult with

and obtain from an assisted living facility the information

required under Subsection (a).

Sec. 247.155. FACILITY VIOLATION STATUS. (a) Before

referring a client to an assisted living facility, a referral

agency shall conduct a search of the commission's Internet website

and inform the client in writing whether the assisted living

facility is listed on the website for a violation of licensing

requirements.

(b) A referral agency must conduct the search described by

Subsection (a) not earlier than 30 days before the date the agency

provides the information to the client.

Sec. 247.156. REFERRAL OF CLIENT TO ASSISTED LIVING

FACILITY. To the extent practicable, a referral agency shall refer

a client to an assisted living facility that appears, in the best

judgment of the agency, to meet the client's identified needs.

Sec. 247.157. CIVIL PENALTY. (a) At the request of the

commission, the attorney general shall bring an action to collect a

civil penalty from a referral agency that violates this subchapter.

(b) The civil penalty may not exceed $1,000 for each

violation. Each day of a continuing violation constitutes a

separate violation.

Sec. 247.158. RULES. The executive commissioner shall

adopt rules necessary to implement this subchapter.

SECTION 2. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt rules necessary to implement

Subchapter F, Chapter 247, Health and Safety Code, as added by this

Act.

SECTION 3. This Act takes effect September 1, 2025.