(1) As used in this section, unless the context otherwise requires:
(a) (I) "Assisted living residence" means a residential facility that makes available to three or more adults not related to the owner of the facility, either directly or indirectly through an agreement with a resident, room and board and at least the following services: Personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that is available on a twenty-four-hour basis.
(II) "Assisted living residence" includes a facility operated for persons with intellectual and developmental disabilities, a long-term care facility, and any other facility of a similar nature.
(b) "Referral agency" means an individual or entity that provides referrals to an assisted living residence for a fee that is collected from either the prospective resident or the assisted living residence. "Referral agency" does not include an assisted living residence or its employees; a resident's family member; or a resident of an assisted living residence, regardless of whether the resident who refers a prospective resident to an assisted living residence receives a discount or other remuneration from the assisted living residence.
(2) A referral agency shall disclose to a prospective resident or the representative of the prospective resident referred to an assisted living residence:
Documentation of the existence of any relationships between the referral agency andthe assisted living residence, including common ownership or control of the assisted living residence, and financial, business, management, or familial relationships between the referral agency and the assisted living residence;
That the referral agency receives a fee from the assisted living residence for thereferral; and
Written documentation of the agreement between the referral agency and the prospective resident or representative of the prospective resident. The agreement must include:
The right of the prospective resident or representative of the prospective resident toterminate the referral agency's services for any reason at any time; and
A requirement that the referral agency communicate the cancellation of the agreement to all assisted living residences to which the prospective resident has been referred.
(3) (a) The referral agency and the prospective resident or representative of the prospective resident shall sign and date the documentation required in subsection (2) of this section. The referral agency shall provide a written or electronic copy of the signed disclosure to the assisted living residence on or before the date the resident is admitted to the assisted living residence.
(b) The assisted living residence shall:
(I) Not pay the referral agency a fee:
Until written receipt of the documentation required in subsection (2) of this section;and
On or after the date the agreement between the referral agency and the prospectiveclient or representative of the prospective client is terminated;
Maintain a written or electronic copy of the documentation required in subsection(2) of this section at the assisted living residence for at least one year after the date that the new resident is admitted; and
Not sell or transfer the prospective resident's or prospective resident's representative's contact information to a third party without the written consent of the prospective resident or representative of the prospective resident.
A referral agency that violates this section is subject to a civil penalty of up to fivehundred dollars per violation.
The attorney general or a district attorney may bring a civil action on behalf of thestate to seek the imposition of civil penalty for a violation of this section or to enjoin the continuance of the violation by the referral agency.
Source: L. 2019: Entire section added, (HB 19-1268), ch. 167, p. 1967, § 1, effective August 2. L. 2020: (1)(a), (2), and (3) amended, (HB 20-1101), ch. 54, p. 186, § 1, effective September 14.