Texas 2025 - 89th Regular

Texas House Bill HB3843 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Y. Davis of Dallas H.B. No. 3843
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the regulation of assisted living facilities and
9	9	referral of clients to the facilities by referral agencies;
10	10	authorizing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 247, Health and Safety
13	13	Code, is amended by adding Section 247.072 to read as follows:
14	14	Sec. 247.072. PROHIBITED SALE OR TRANSFER OF CLIENT
15	15	INFORMATION. (a) In this section, "client" has the meaning
16	16	assigned by Section 247.151.
17	17	(b) An assisted living facility may not sell or transfer a
18	18	client's contact information to a third party without the client's
19	19	written consent.
20	20	SECTION 2. Chapter 247, Health and Safety Code, is amended
21	21	by adding Subchapter F to read as follows:
22	22	SUBCHAPTER F. REFERRAL AGENCIES
23	23	Sec. 247.151. DEFINITIONS. In this subchapter:
24	24	(1) "Client" means a prospective resident of an
25	25	assisted living facility or a prospective resident's
26	26	representative seeking assistance with entering into an
27	27	arrangement with the facility through a referral agency.
28	28	(2) "Referral agency" means a person who for
29	29	compensation provides client referral services to individuals or
30	30	assisted living facilities.
31	31	(3) "Referred assisted living facility" means an
32	32	assisted living facility to which a client of a referral agency has
33	33	been referred by the agency.
34	34	Sec. 247.152. FORM AND TERMS OF AGREEMENT. (a) An
35	35	agreement for referral services between a referral agency and
36	36	client must be in writing, dated, and signed by the client and
37	37	agency.
38	38	(b) The agreement must include:
39	39	(1) a statement of the client's right to terminate the
40	40	referral agency's services for any reason and at any time; and
41	41	(2) a provision requiring the referral agency to
42	42	communicate the cancellation of the agreement to all assisted
43	43	living facilities to which the agency referred the client.
44	44	Sec. 247.153. DISCLOSURE STATEMENT. (a) At the time a
45	45	client enters into an agreement for referral to an assisted living
46	46	facility, a referral agency shall provide a written disclosure
47	47	statement to the client containing:
48	48	(1) a statement on whether the referral agency or
49	49	agency personnel have a relationship with the referred assisted
50	50	living facility, including:
51	51	(A) common ownership in or control of the
52	52	facility; or
53	53	(B) a financial, business, management, or
54	54	familial relationship between the referral agency or agency
55	55	personnel and the facility;
56	56	(2) a statement that the referral agency receives a
57	57	fee from the referred assisted living facility; and
58	58	(3) a copy of the written agreement for services
59	59	between the referral agency and client.
60	60	(b) The client and referral agency shall sign and date the
61	61	disclosure statement.
62	62	(c) The referral agency shall provide a written or
63	63	electronic copy of a disclosure statement that complies with this
64	64	section to the referred assisted living facility on or before the
65	65	date the client is admitted as a resident to the facility.
66	66	(d) The assisted living facility shall maintain a copy of a
67	67	disclosure statement provided under Subsection (c) until at least
68	68	the first anniversary of the date the resident is admitted to the
69	69	facility.
70	70	Sec. 247.154. CLIENT REFERRAL SERVICES FEE. (a) An
71	71	assisted living facility to which a client of a referral agency has
72	72	been referred by the agency may only pay the referral agency a fee
73	73	for those referral services:
74	74	(1) after the facility receives a copy of the
75	75	disclosure statement required by Section 247.153(c); or
76	76	(2) if applicable, on or after the date on which the
77	77	agreement between the referral agency and client is canceled.
78	78	(b) A referral agency may not charge a referral services fee
79	79	to an assisted living facility if:
80	80	(1) the referral agency refers the client to the
81	81	assisted living facility, but the client does not select the
82	82	facility; or
83	83	(2) the referral agency does not refer the client to
84	84	the assisted living facility.
85	85	Sec. 247.155. CIVIL PENALTY. (a) A referral agency that
86	86	violates this subchapter is liable to this state for a civil penalty
87	87	not to exceed $500 for each violation. Each day of a continuing
88	88	violation constitutes a separate violation.
89	89	(b) At the request of the commission, the attorney general
90	90	may bring an action in the name of the state to recover a civil
91	91	penalty under this section.
92	92	(c) A civil penalty collected under this section shall be
93	93	deposited in the state treasury to the credit of the general revenue
94	94	fund.
95	95	SECTION 3. The changes in law made by this Act apply only to
96	96	an agreement for referral services entered into on or after the
97	97	effective date of this Act. An agreement for referral services
98	98	entered into before the effective date of this Act is governed by
99	99	the law in effect on the date on which the agreement was entered
100	100	into, and the former law is continued in effect for that purpose.
101	101	SECTION 4. This Act takes effect September 1, 2025.