| 1 | 1 | | 89R8791 JTZ-F |
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| 2 | 2 | | By: Middleton, Johnson S.B. No. 1383 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the regulation of referral agencies for senior living |
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| 10 | 10 | | communities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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| 13 | 13 | | amended by adding Chapter 121 to read as follows: |
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| 14 | 14 | | CHAPTER 121. REFERRAL AGENCIES FOR SENIOR LIVING COMMUNITIES |
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| 15 | 15 | | Sec. 121.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Referral agency" means an entity that provides |
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| 17 | 17 | | referrals to senior living communities for a fee collected from a |
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| 18 | 18 | | consumer or community. The term does not include: |
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| 19 | 19 | | (A) a senior living community or its employees; |
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| 20 | 20 | | or |
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| 21 | 21 | | (B) a resident, resident's family member, or |
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| 22 | 22 | | patron of a senior living community who refers a consumer to the |
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| 23 | 23 | | community regardless of any discount or other remuneration the |
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| 24 | 24 | | community pays to that individual. |
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| 25 | 25 | | (2) "Senior living community" means an adult foster |
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| 26 | 26 | | care facility, life care facility, assisted living facility |
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| 27 | 27 | | licensed under Chapter 247, Health and Safety Code, retirement |
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| 28 | 28 | | home, memory care facility, retirement village, home for the aging, |
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| 29 | 29 | | or other facility that provides shelter, food, social activities, |
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| 30 | 30 | | or other personal services specifically for elderly individuals. |
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| 31 | 31 | | Sec. 121.002. COMPENSATION. A written contract executed |
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| 32 | 32 | | between a referral agency and a senior living community may provide |
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| 33 | 33 | | for the senior living community to pay compensation to the referral |
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| 34 | 34 | | agency, including by providing to the referral agency: |
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| 35 | 35 | | (1) a lump sum for all referrals made in a specified |
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| 36 | 36 | | period; |
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| 37 | 37 | | (2) a fee for each referral based on the cost of rent |
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| 38 | 38 | | and care the referred consumer receives; or |
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| 39 | 39 | | (3) a fixed fee for each referral. |
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| 40 | 40 | | SECTION 2. Section 102.005, Occupations Code, is amended to |
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| 41 | 41 | | read as follows: |
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| 42 | 42 | | Sec. 102.005. APPLICABILITY TO CERTAIN ENTITIES. Section |
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| 43 | 43 | | 102.001 does not apply to: |
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| 44 | 44 | | (1) a licensed insurer; |
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| 45 | 45 | | (2) a governmental entity, including: |
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| 46 | 46 | | (A) an intergovernmental risk pool established |
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| 47 | 47 | | under Chapter 172, Local Government Code; and |
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| 48 | 48 | | (B) a system as defined by Section 1601.003, |
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| 49 | 49 | | Insurance Code; |
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| 50 | 50 | | (3) a group hospital service corporation; |
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| 51 | 51 | | (4) a health maintenance organization that |
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| 52 | 52 | | reimburses, provides, offers to provide, or administers hospital, |
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| 53 | 53 | | medical, dental, or other health-related benefits under a health |
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| 54 | 54 | | benefits plan for which it is the payor; [or] |
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| 55 | 55 | | (5) a health care collaborative certified under |
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| 56 | 56 | | Chapter 848, Insurance Code; or |
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| 57 | 57 | | (6) a referral agency as defined by Section 121.001, |
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| 58 | 58 | | Business & Commerce Code. |
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| 59 | 59 | | SECTION 3. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2025. |
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