Texas 2021 - 87th Regular

Texas House Bill HB3037 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Raymond, et al. (Senate Sponsor - Miles) H.B. No. 3037
2		-	(In the Senate - Received from the House May 5, 2021;
3		-	May 12, 2021, read first time and referred to Committee on Health &
4		-	Human Services; May 20, 2021, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 20, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	87R18584 SRA-F
	2	+	By: Raymond, Frank, Hinojosa, Rose, et al. H.B. No. 3037
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the regulation of referral agencies for senior living
12	8		communities; providing a civil penalty.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	10		SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
15	11		amended by adding Chapter 327 to read as follows:
16	12		CHAPTER 327. REFERRAL AGENCIES FOR SENIOR LIVING COMMUNITIES
17	13		SUBCHAPTER A. GENERAL PROVISIONS
18	14		Sec. 327.001. DEFINITIONS. In this chapter:
19	15		(1) "Consumer" means an individual seeking a referral
20	16		to a senior living community.
21	17		(2) "Referral" means identifying and connecting a
22	18		consumer or the consumer's representative to a senior living
23	19		community to facilitate an evaluation, in consultation with the
24	20		community, of whether the community is a suitable option for the
25	21		consumer.
26	22		(3) "Referral agency" means an entity that provides to
27	23		a consumer referrals to senior living communities for a fee
28	24		collected from the consumer or community. The term does not
29	25		include:
30	26		(A) a senior living community or its employees;
31	27		or
32	28		(B) a resident, resident's family member, or
33	29		patron of a senior living community who refers a consumer to the
34	30		community regardless of whether that individual receives a discount
35	31		or other remuneration from the community.
36	32		(4) "Senior living community" means an adult foster
37	33		care facility, life care facility, nursing facility licensed under
38	34		Chapter 242, assisted living facility licensed under Chapter 247,
39	35		retirement home, retirement village, home for the aging, or other
40	36		facility that provides shelter, food, health care, social
41	37		activities, or other personal services specifically for elderly
42	38		individuals.
43	39		SUBCHAPTER B. REFERRAL AGENCY REGULATION
44	40		Sec. 327.051. REQUIRED DISCLOSURE. (a) Before or at the
45	41		time of the referral, a referral agency shall provide a disclosure
46	42		statement to a consumer that includes:
47	43		(1) a description of the referral agency's service;
48	44		(2) the referral agency's contact information,
49	45		including a telephone number;
50	46		(3) an Internet website link to the referral agency's
51	47		privacy policy; and
52	48		(4) a statement on whether the consumer or the senior
53	49		living community to which the consumer is referred is responsible
54	50		for paying the referral fee.
55	51		(b) The referral agency may provide the disclosure
56	52		statement to a consumer or consumer's representative by:
57	53		(1) a clear and conspicuous written physical document
58	54		that is designed to provide notice of its contents;
59	55		(2) a clear and conspicuous electronic disclosure that
60	56		is designed to provide notice of its contents; or
61	57		(3) an oral disclosure by telephone, provided that the
62	58		disclosure is recorded and the recording is maintained in the
63	59		records of the referral agency.
64	60		(c) A referral agency shall maintain a record of the
65	61		disclosure statement until the third anniversary of the date of the
66	62		referral. The referral agency shall provide on request a copy of the
67	63		record to the consumer, the consumer's representative, or a senior
68	64		living community.
69	65		Sec. 327.052. REFERRAL AGENCY PROHIBITED CONDUCT. A
70	66		referral agency or referral agency employee may not:
71	67		(1) refer a consumer to a senior living community in
72	68		which the referral agency, the referral agency employee, or an
73	69		immediate family member of the employee, as applicable, has an
74	70		ownership, management, or financial interest;
75	71		(2) hold a power of attorney for a consumer or hold a
76	72		consumer's property in any capacity; or
77	73		(3) knowingly refer a consumer to a senior living
78	74		community that is unlicensed and is not exempt from licensing under
79	75		applicable law.
80	76		Sec. 327.053. DUTIES. A referral agency shall:
81	77		(1) use a nationally accredited service provider to
82	78		obtain criminal history record information, in accordance with
83	79		applicable law, on a referral agency employee who has direct
84	80		contact with a consumer or a consumer's representative;
85	81		(2) maintain liability insurance coverage for
86	82		negligent acts or omissions by the referral agency or its
87	83		employees;
88	84		(3) at least twice a year audit each senior living
89	85		community to which the referral agency provides referrals to ensure
90	86		that any applicable license is in good standing and maintain a
91	87		record of that audit;
92	88		(4) maintain a code of conduct applicable to all
93	89		referral agency employees;
94	90		(5) provide all referral agency employees whose job
95	91		responsibilities require direct contact with a consumer or a
96	92		consumer's representative with at least 40 hours of introductory
97	93		training, including training on the referral agency's code of
98	94		conduct, before the employee begins performing those
99	95		responsibilities;
100	96		(6) disclose to the consumer or the consumer's
101	97		representative all senior living communities that best meet the
102	98		consumer's stated criteria that are located in the closest
103	99		proximity to the consumer's preferred location; and
104	100		(7) maintain and publish a privacy policy on the
105	101		referral agency's Internet website and a telephone number and
106	102		e-mail address for privacy inquiries.
107	103		Sec. 327.054. CIVIL PENALTY. (a) A referral agency that
108	104		violates this chapter is subject to a civil penalty in an amount
109	105		equal to not less than $250 and not more than $1,000 for each
110	106		violation.
111	107		(b) The attorney general or a district attorney may bring an
112	108		action to recover a civil penalty imposed under Subsection (a) and
113	109		to restrain and enjoin a violation of this chapter. The attorney
114	110		general or a district attorney may recover attorney's fees and
115	111		litigation costs incurred in bringing the action.
116	112		SECTION 2. Section 102.005, Occupations Code, is amended to
117	113		read as follows:
118	114		Sec. 102.005. APPLICABILITY TO CERTAIN ENTITIES. Section
119	115		102.001 does not apply to:
120	116		(1) a licensed insurer;
121	117		(2) a governmental entity, including:
122	118		(A) an intergovernmental risk pool established
123	119		under Chapter 172, Local Government Code; and
124	120		(B) a system as defined by Section 1601.003,
125	121		Insurance Code;
126	122		(3) a group hospital service corporation;
127	123		(4) a health maintenance organization that
128	124		reimburses, provides, offers to provide, or administers hospital,
129	125		medical, dental, or other health-related benefits under a health
130	126		benefits plan for which it is the payor; [or]
131	127		(5) a health care collaborative certified under
132	128		Chapter 848, Insurance Code; or
133	129		(6) a referral agency as defined by Section 327.001,
134	130		Health and Safety Code.
135	131		SECTION 3. This Act takes effect September 1, 2021.
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