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

Referral agencies help families find assisted living communities and personal care homes, often getting paid a fee by the facility rather than the family. Georgia law did not previously regulate these referral services directly. This bill adds a new section to the state's Fair Business Practices Act (O.C.G.A. § 10-1-393.22) that sets rules for how referral agencies must operate. Under the bill, a referral agency must clearly tell a prospective resident or their representative what services it offers, any financial or ownership ties it has to the facilities it recommends, that it is paid by the facility, that its list may not cover every option, and that the resident can cancel its services at any time. The agency must get an acknowledgment that this disclosure was received and keep a record of it. Referral agencies cannot collect a fee from a facility unless that acknowledgment was provided, and referrals expire after 24 months unless renewed. The Attorney General, not private lawsuits, enforces these rules.

• Creates a new legal category called a referral agency, defined as a business paid by an assisted living community or personal care home to send them prospective residents.
• Requires referral agencies to disclose their services, financial ties to facilities, fee arrangements, and the limits of their referral lists before or when making a referral.
• Requires referral agencies to obtain and keep a written, electronic, or verbal acknowledgment that the prospective resident received the required disclosures.
• Bars referral agencies from collecting a fee from a facility unless the disclosure acknowledgment was provided, or if more than 24 months passed since the referral without a renewal.
• Gives prospective residents the right to cancel a referral agency's services at any time by written or electronic notice.
• Assigns enforcement solely to the Georgia Attorney General, specifically excluding private lawsuits under the Fair Business Practices Act's private right of action provision.

Referral agencies that connect prospective residents with assisted living communities or personal care homes, the facilities themselves, prospective residents and their families or authorized representatives, and the Georgia Attorney General's office, which would enforce the new rules.

Families searching for senior housing often rely on referral services without knowing those services are paid by the facilities they recommend. The bill would require agencies to reveal financial relationships and fees upfront, giving families clearer information before choosing a home for a loved one.

• Section 1 adds new Code Section 10-1-393.22, defining terms like 'referral agency,' 'assisted living community,' 'personal care home,' and 'resident.'
• Subsection (b) lists five specific disclosures a referral agency must make to a prospective resident, including fee arrangements and relationships with facilities.
• Subsection (c) requires the referral agency to obtain and retain an acknowledgment that the disclosures were received, but clarifies this creates no contractual obligation.
• Subsection (d) prohibits referral agencies from charging facilities a fee without a documented disclosure acknowledgment, and sets a 24-month expiration on referrals unless renewed.
• Subsection (e) lets a resident or representative terminate the referral agency's services at any time.
• Subsection (f) limits enforcement to the Attorney General and expressly blocks private lawsuits under Code Section 10-1-399.
• Section 2 repeals any conflicting laws.

1. 2026-05-11Effective Date 2026-07-01
2. 2026-05-11Act 510
3. 2026-05-11Senate Date Signed by Governor (Senate)
4. 2026-04-10Senate Sent to Governor (Senate)
5. 2026-03-19House Passed/Adopted (House)
6. 2026-03-19House Third Readers (House)
7. 2026-03-18House Committee Favorably Reported (House)
8. 2026-03-10House Second Readers (House)

• Shawn Still (R, SD-048)Primary sponsor
• Russ Goodman (R, SD-008)
• Max Burns (R, SD-023)
• Drew Echols (R, SD-049)
• John LaHood (R, HD-175)

1. PassedSenate voteMarch 6, 2026

   53 yea, 0 nay (2 not voting, 0 absent)

   Passage By Substitute: Senate Vote #652

2. PassedHouse voteMarch 19, 2026

   168 yea, 0 nay (3 not voting, 5 absent)

   Passage: House Vote #727

• assisted living
• personal care homes
• senior housing
• consumer protection
• referral agencies