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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3919 By: West (Tammy) and Caldwell
(Chad)
AS INTRODUCED
An Act relating to assisted living; mandating
disclosure of certain re lationships; mandating
disclosure of referral fee; providing for written
agreement between referral agency and prospective
resident; providing for record keeping o f the written
agreement; directing when contact information can be
sold to third parties; pro viding for civil liability;
providing enforcement by the A ttorney General or an
assistant district attorney; amending 63 O.S. 2021,
Section 1-890.2, which relates to definitions in the
Continuum of Care and Assisted Living Act; adding a
definition; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF T HE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 1-890.9 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. A referral agency shall disclose to a prospective re sident
or the representative of the prospective resident referred to an
assisted living center:
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1. Documentation of the existence of any relationships between
the referral agency and the assisted living center, including common
ownership or control of the assisted living center, and financial,
business, management, or familial relationships between the refe rral
agency and the assist ed living center;
2. That the referral agency receives a fee from the assisted
living center for the referral. The amount of the fee or a good
faith estimate of the fee, if not determine d, may be described as a
dollar amount or as a percentage of the fir st month's rent and care
charges; and
3. Written documentation of the agreement between the referral
agency and the prospective resident or representative of the
prospective resident. The agreement must include:
a. the right of the prospective resident o r
representative of the prospective resident to
terminate the referral agency's services for any
reason at any time, and
b. a requirement that the referral agency communicate the
cancellation of the agreement to all assisted li ving
centers to which the pro spective resident has been
referred.
B. The referral agency and the prospective resident or
representative of the prospective resident shall sign and date the
documentation required in subsection A of this section. The
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referral agency shall provide a wri tten or electronic copy of the
signed disclosure to the as sisted living center on or before the
date the resident is admitted to the assisted living center.
C. The assisted living center shall:
1. Not be required to pay th e referral agency a fee:
a. until written receipt of the documentation required in
subsection B of this section is received ,
b. until after the date of the agreement between the
referral agency and the prospective client or
representative of the prospect ive client is
terminated, and
c. for the transfer of a resident within the same
assisted living center or any facility owned by a
subsidiary or affiliated entity of the assisted living
center where the person is currently residing ;
2. Maintain a written or electronic copy of the documenta tion
required in subsection B of this section at the assis ted living
center for at least one (1) year after the date that the new
resident is admitted; and
3. Not sell or transfer the prospective resident 's or
prospective resident's representative's contact information to a
third party without the written consen t of the prospective resident
or representative of the prospective resident.
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D. A referral agency that violates this section is subject to a
civil penalty of up to Five Hundred Dollars ($500.00) per violation.
E. The Attorney General or a n assistant district attorney may
bring civil action on behalf of the state to seek the imposition of
a civil penalty for a violation of this section or to enjoin the
continuance.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -890.2, is
amended to read as follows:
Section 1-890.2 As used in the Continuum of Care and Assisted
Living Act:
1. "Assisted living center " means any home or establishment
offering, coordinating or providing services to two or more persons
who:
a. are domiciled therein,
b. are unrelated to the operator,
c. by choice or functional impairments, need assistance
with personal care or nursing supervision,
d. may need intermittent or unscheduled nursin g care,
e. may need medication assistance, and
f. may need assistance with trans fer and/or ambulation;
2. "Board" means the State Board of Health;
3. "Commissioner" means the Commissioner of Health;
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4. "Continuum of care facility " means a home, establis hment or
institution providing nursing facility services as defined in
Section 1-1902 of this title and one or both of the following :
a. assisted living center services as defined in the
Continuum of Care and Assisted Living Act, and
b. adult day care center services as defined in Section
1-872 of this title; and
5. "Department" means the State Department of Health ; and
6. "Referral agency" means an individual or entity that
provides referrals to an a ssisted living center or its subsidiary
facility for a fee that is collected from either the prospective
resident or the assisted livin g center. Referral agency does not
include an assisted living center, its subsidiary facility, or its
employees; a resident's family member; or a resident of an assisted
living center, regardless of whether the resident who refers a
prospective resident t o an assisted living center receives a
discount or other remuneration from the assisted living center .
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH SERVICES AND LONG -TERM
CARE, dated 02/28/2024 - DO PASS, As Coauthored.