SB 439: "Fair Business Practices Act of 1975"; regulation of referral agencies for assisted living communities and personal care homes; provide

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Discussed in meetings (14)

The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.

1. Senate Health and Human Services Committee, February 9, 2026

   From 0:19:36 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said the bill would require referral-fee disclosures, residents’ confirmation that they used an agency, documentation before collecting fees, a 12-month fee deadline and verification of facilities’ licenses. A Georgia Senior Living Association witness said families may not realize recommendations cover only paying facilities. Answering members’ questions, the witness said facilities generally pay fees of 70% to 120% of the first month’s charges, and federal restrictions for skilled nursing do not cover private-pay assisted living. A Great Oaks administrator said families sometimes mistake referral websites for the facility’s own site. Another community manager said fees had reached about $8,000 per resident. A Phoenix Senior Living witness described three agencies claiming nearly $20,000 for one resident and supported facility-paid fees with upfront disclosure. A Senior Provisions owner opposed the draft’s paperwork requirements during emergencies and requested at least 24 months for referrals. A CarePatrol owner said required signatures could undermine trust and questioned relying on a state licensing website they described as outdated. An Oasis Senior Advisors owner said their agency already discloses payment and also recommends nonpaying facilities. A committee member requested research into Georgia’s anti-kickback law. An association witness said about eight states have similar legislation. No amendment or substitute was offered, and no vote occurred. The chair requested proposed changes by noon the next day and suggested a possible Wednesday return. Another member urged both sides to negotiate.

2. Senate Health and Human Services Committee, February 23, 2026

   From 0:35:55 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor presented a substitute addressing referral-fee disputes involving assisted living communities and personal care homes, including duplicate referrals and claims made long after initial contact. The sponsor said it replaces a 36-month referral period with 12 months plus another 12 after resubmission, and requires agencies to retain residents' or representatives' written, electronic or verbal acknowledgment of fee disclosure. The sponsor said fees would come from facilities, not residents. Asked about unpaid fees, the sponsor said agencies could enforce their contracts in court. Asked about duplicate fees, the sponsor said recorded referrals would establish which agency referred first. One member questioned the evidence of consumer harm. Other members questioned removing a requirement to check Department of Community Health information about facilities. A Georgia Senior Living Association witness said that requirement was removed during negotiations at some referral agencies' request. The chair acknowledged that the substitute did not require those checks. Members also questioned disclosure timing, documenting verbal acknowledgment and enforcement. Speakers said disclosure would occur upfront, verbal acknowledgment could be recorded in notes, and enforcement would fall to the attorney general's consumer protection office. The committee approved the substitute 8-1.

3. Senate Rules Committee, March 3, 2026

   From 0:21:10 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said SB 439 would regulate referral payments for placements in privately paid assisted living facilities, Alzheimer’s care units and similar settings. The sponsor said the proposal concerned placement fees and did not apply to care paid for with government funds. Members selected it for the calendar as part of the approved slate.

4. Senate Rules Committee, March 5, 2026

   From 1:21:40 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The chair listed SB 439 among bills carried over from the previous day for return to the floor calendar. Its provisions were not discussed. The committee unanimously approved the calendar package.

5. Senate floor session, March 6, 2026 (legislative day 28, part 1)

   From 3:35:00 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

   Summary by Georgia Commons: The sponsor said SB 439 would regulate referral agencies that place people in privately paid senior living settings and make referral arrangements more transparent. The sponsor said referral agencies commonly receive about one month's rent for a placement and described the measure as clarifying referral and payment timeframes. The clerk described disclosure requirements and verification that referred facilities are licensed. The sponsor said representatives of senior living facilities and referral agencies had agreed on the language. An amendment revised definitions and removed language about charging and collecting fees from the bill's caption. No questions or opposing speeches followed. The Senate adopted the amendment and committee substitute, then passed the bill, 53 to 0.

6. House Health Committee, March 16, 2026

   From 0:21:14 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said the bill would set rules for private-pay senior living referrals, addressing disputes over fees and competing referrals. The sponsor described coverage of facilities with more than 25 beds, a 24-month referral limit and confirmation requirements. The sponsor said fees commonly equal one month’s rent, potentially exceeding $10,000. A Georgia Senior Living Association witness supported the bill, citing delayed invoices and confusion when relatives separately seek placement help. The witness said agencies must disclose that contracted communities pay them, other options may be more appropriate, and families may stop using their services. One member questioned proof of verbal disclosures. The sponsor said agencies must retain documentation and facilities must acknowledge referrals within three days. On competing referrals, the sponsor said the first referral with written confirmation would receive the fee; a member helping present the bill added that a contract with the facility is necessary. Asked about enforcement, the sponsor distinguished ordinary contract disputes from enforcement of the bill. Presenters said only the attorney general could enforce its requirements, including through the Consumer Protection Division, and said that restriction reflected negotiations among the parties. The committee unanimously approved the bill as passed by the Senate, with no amendments offered.

7. House Rules Committee, March 19, 2026

   From 0:59:50 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The presenter said the bill would establish protections for seniors in dealings between referral agencies and assisted or independent living communities. The presenter said it would clarify information sharing, fee distribution and reporting deadlines. There were no questions. The committee later placed the bill on the Legislative Day 34 calendar without voiced opposition.

8. House floor session, March 19, 2026 (legislative day 34)

   From 2:02:53 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2870

   Summary by Georgia Commons: The House sponsor said SB 439 would make senior-living referrals more transparent by informing consumers that referral agencies receive fees. The sponsor said the oldest baby boomers were turning 80 and more consumers were seeking senior-living care and housing. According to the sponsor, providers, the Georgia Senior Living Association, and referral agencies had agreed on the changes. There were no questions. The House passed the bill, 168 to 0.

• Read aloud: Senate floor session, February 2, 2026 (legislative day 10), 0:24:00
• Read aloud: Senate floor session, February 24, 2026 (legislative day 23), 0:19:21
• Read aloud: Senate floor session, February 25, 2026 (legislative day 24), 0:35:34
• Read aloud: House floor session, March 9, 2026 (legislative day 29), 0:52:10
• Read aloud: House floor session, March 10, 2026 (legislative day 30), 0:42:29
• Read aloud: House floor session, March 18, 2026 (legislative day 33), 0:50:28

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