SB439: SB439 "Fair Business Practices Act of 1975"; regulation of referral agencies for assisted living communities and personal care homes; provide

Georgia families often use referral agencies to help find an assisted living community or personal care home for a loved one. Currently, Georgia's Fair Business Practices Act of 1975 (O.C.G.A. Title 10) does not specifically regulate these referral agencies. This bill adds a new Code section requiring referral agencies to disclose key facts to prospective residents or their authorized representatives, such as any financial relationship with the facility, whether the agency gets paid for the referral, and that the agency's list may not include every option that fits the resident's needs. The bill also requires referral agencies to get a signed or verbal acknowledgment that these disclosures were received before collecting a fee from the facility, and it limits how long a referral stays valid (generally 24 months, with a resubmission process after 12 months). Residents can cancel the agency's services at any time. The Attorney General, not private lawsuits, would enforce these rules.

• Defines key terms like 'referral agency,' 'assisted living community,' and 'personal care home' for purposes of this new regulation.
• Requires referral agencies to disclose their services, any financial ties to the facility, and their fee arrangement before or when making a referral.
• Requires referral agencies to obtain and keep a record of the prospective resident's acknowledgment that they received these 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 the resident moving in.
• Gives residents the right to cancel a referral agency's services, including use of their personal information, at any time by written or electronic notice.
• Limits enforcement of these new rules to the Attorney General, specifically blocking individuals from suing referral agencies under Georgia's private right of action for consumer protection violations.

Referral agencies that connect prospective residents with assisted living communities or personal care homes, the facilities themselves, and residents or their authorized representatives (often family members) searching for senior housing in Georgia. The Attorney General's office also gains a new enforcement role.

Families searching for senior housing would get clearer information about whether a referral agency is being paid by a facility or has a financial relationship with it, which could affect the recommendations they receive. Referral agencies would face new paperwork and fee-timing requirements, enforced by the state rather than through private lawsuits.

• New Code Section 10-1-393.22(a) defines 'referral agency,' 'assisted living community,' 'personal care home,' 'authorized representative,' 'personal services,' and 'resident.'
• Subsection (b) requires referral agencies to disclose five specific facts, including fee arrangements and relationships with the facility, at or before the time of referral.
• Subsection (c) requires referral agencies to obtain and retain an acknowledgment of receipt of the disclosure, which does not create an exclusive relationship with the resident.
• Subsection (d) bars fee collection unless the acknowledgment was given, and voids referrals after 24 months unless resubmitted following facility confirmation after 12 months.
• Subsection (e) lets residents terminate referral agency services at any time by written or electronic notice.
• Subsection (f) limits enforcement to the Attorney General and specifically excludes private lawsuits under O.C.G.A. § 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