Texas 2025 - 89th Regular

Texas Senate Bill SB2562 Compare Versions

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

Old	New	Differences
1	1	89R10602 JTZ-D
2	2	By: West S.B. No. 2562
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of referral agencies for assisted living
10	10	facilities; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 247, Health and Safety Code, is amended
13	13	by adding Subchapter F to read as follows:
14	14	SUBCHAPTER F. REFERRAL AGENCIES
15	15	Sec. 247.151. DEFINITIONS. In this subchapter:
16	16	(1) "Client" means an individual seeking assistance
17	17	with entering into an arrangement with an assisted living facility
18	18	through a referral agency.
19	19	(2) "Referral agency" means an individual or entity
20	20	that refers clients to assisted living facilities for a fee
21	21	collected from a client or facility. The term does not include:
22	22	(A) an assisted living facility or its employees;
23	23	or
24	24	(B) a resident, resident's family member, or
25	25	patron of an assisted living facility who refers a consumer to the
26	26	facility regardless of any discount or other remuneration the
27	27	facility pays to that individual.
28	28	Sec. 247.152. DISCLOSURE REQUIRED. (a) A referral agency
29	29	shall provide a written disclosure statement to each client before
30	30	referring the client to an assisted living facility.
31	31	(b) The disclosure statement must contain the following
32	32	information:
33	33	(1) a statement acknowledging the client may cease
34	34	using the services of the referral agency for any reason and at any
35	35	time;
36	36	(2) a statement that the client may elect not to
37	37	receive further communications from the referral agency; and
38	38	(3) a statement that the client on request to the
39	39	referral agency may receive a copy of the referral agency's privacy
40	40	policy.
41	41	(c) A referral agency and client shall each sign and date
42	42	the disclosure statement required by Subsection (a), either in
43	43	writing or electronically.
44	44	(d) A referral agency must provide a copy of the signed
45	45	disclosure statement to an assisted living facility on or before
46	46	the date the referral agency's client is admitted to the facility.
47	47	(e) An assisted living facility:
48	48	(1) may not pay a referral agency a referral fee until
49	49	the facility receives the copy of the signed disclosure statement
50	50	required under Subsection (d); and
51	51	(2) shall maintain the copy until the first
52	52	anniversary of the date the client who signed the statement is
53	53	admitted to the facility.
54	54	Sec. 247.153. LIMITATION ON REFERRALS. A referral agency
55	55	may not refer a client to more than a reasonable number of assisted
56	56	living facilities as prescribed by the commission for the purpose
57	57	of denying another referral agency a referral fee.
58	58	Sec. 247.154. CIVIL PENALTY. (a) At the request of the
59	59	commission, the attorney general shall bring an action to collect a
60	60	civil penalty from a referral agency that violates this subchapter.
61	61	(b) The civil penalty may not exceed $1,000 for each
62	62	violation. Each day of a continuing violation constitutes a
63	63	separate violation.
64	64	Sec. 247.155. RULES. The executive commissioner shall
65	65	adopt rules necessary to implement this subchapter.
66	66	SECTION 2. As soon as practicable after the effective date
67	67	of this Act, the executive commissioner of the Health and Human
68	68	Services Commission shall adopt rules necessary to implement
69	69	Subchapter F, Chapter 247, Health and Safety Code, as added by this
70	70	Act.
71	71	SECTION 3. This Act takes effect September 1, 2025.