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

26 SB 439/AP Senate Bill 439 By: Senators Still of the 48th, Goodman of the 8th, Burns of the 23rd and Echols of the 49th AS PASSED A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the O fficial Code of Georgia1 Annotated, the "Fair Business Practices Act of 1975," so as to provide for regulation of2 referral agencies for assisted living communities and personal care homes; to provide for3 disclosures to prospective residents and acknowledgments of receipt; to require verification4 of licensing of assisted living communities and personal care homes by referral agencies; to5 provide for definitions; to provide for related matters; to rep eal conflicting laws; and for6 other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the10 "Fair Business Practices Act of 1975," is amended by adding a new Code section to read as11 follows:12 "10-1-393.22.13 (a) As used in this Code section, the term:14 (1) 'Assisted living community' means a personal care home with a minimum of 25 beds15 that is licensed as an assisted living community pursuant to Code Section 31-7-3.16 S. B. 439 - 1 - 26 SB 439/AP (2) 'Authorized representative' means an individual who is directly involved in the search17 for, is responsible for a resident entering into, or may become a party to an agreement for18 a resident to move into an assisted living community or personal care home.19 (3) 'Personal care home' means any dwelling, whether operated for profit or not, which20 undertakes through its ownership or management to provide or arrange for the provision 21 of housing, food service, and one or more personal services for two or more adults who 22 are not related to the owner or administrator by blood or marriage. Such term shall not 23 include host homes, as such term is set forth in Code Section 37-1-20.24 (4) 'Personal services' means individual assistance with or su pervision of25 self-administered medication and essential activities of daily living, including, but not26 limited to, eating, bathing, grooming, dressing, and toileting. Personal services shall not27 include medical, nursing, or health services; provided, however, that the department shall28 be authorized to grant a waiver of this provision in the same manner as provided for in29 Code Section 31-7-12.3 for the waiver of rules and regulations and in the same manner30 and only to the same extent as granted on or before June 30, 2011.31 (5) 'Referral agency' means an individual or entity that provides referrals to an assisted32 living community or personal care home of a prospective residen t for a fee that is33 collected from the assisted living community or personal care home. Such term shall not34 include:35 (A) An assisted living community, personal care home, or its employees; or36 (B) A resident or an authorized representative of a resident o f an assisted living37 community or personal care home, regardless of whether such res ident or authorized38 representative receives a discount or other remuneration from t he assisted living39 community or personal care home, for referring a prospective resident.40 (6) 'Resident' means a living individual who is seeking, considering, or receiving housing41 in an assisted living community or personal care home42 S. B. 439 - 2 - 26 SB 439/AP (b) No later than the time that a referral agency makes a refe rral to an assisted living43 community or personal care home, such referral agency shall conspicuously disclose in a44 written, electronic, or verbal form to a prospective resident o r his or her authorized45 representative:46 (1) A description of the referral agency's services;47 (2) The existence of any relationship between the referral agency and the assisted living48 community or personal care home, including common ownership or control of the49 residence, or financial, business, management, contractual, or familial relationships50 between the referral agency and the assisted living community or personal care home;51 (3) That the referral agency receives a fee from the assisted living community or52 personal care home for the referral;53 (4) That the list of assisted living communities or personal care homes provided by the54 referral agency may not include all options that meet the prosp ective resident's stated55 preferences and needs; and56 (5) That the prospective resident or his or her authorized representative may at any time57 terminate all services provided by the referral agency, including the use of a prospective58 resident's personal information, by providing a written or electronic notice of termination59 to the referral agency.60 (c) A referral agency shall obtain from a prospective resident or his or her authorized61 representative a written, electronic, or verbal acknowledgment of receipt of the disclosure62 required in subsection (b) of this Code section in a physical or electronic form, which shall63 be retained by the referral agency. Such acknowledgment shall not create any contractual64 or exclusive relationship between the referral agency and the r esident or his or her65 authorized representative and shall not prohibit a resident or his or her authorized66 representative from independently entering into a contract with or for any other assisted67 living community or personal care home.68 S. B. 439 - 3 - 26 SB 439/AP (d) Referral agencies shall not charge or collect a fee from an assisted living community69 or personal care home:70 (1) Unless the written, electronic, or verbal acknowledgment of receipt of the disclosure71 required by subsection (c) of this Code section is provided to the assisted living72 community or personal care home and the prospective resident or his or her authorized73 representative; or74 (2) In the event that more than 24 months have elapsed between the date that the referral75 was made and the date that the resident moved into the assisted living community or76 personal care home; provided, however, that, if, after the initial 12 months from the date77 the referral was made, the assisted living community or persona l care home has78 confirmed in writing that the prospective resident has not ente red into an agreement to79 move into an assisted living community or personal care home that he or she was referred80 to, the referral agency shall resubmit a referral to the assist ed living community or81 personal care home. Such resubmitted referral shall reactivate such referral for the82 remaining 12 months.83 (e) A prospective resident or his or her authorized representative may at any time terminate84 all services provided by the referral agency, including the use of a prospective resident's85 personal information, by providing a written or electronic noti ce of termination to the86 referral agency.87 (f) Enforcement of this Code section shall only be by public enforcement by the Attorney88 General pursuant to this part and shall not be enforceable through a private right of action89 under Code Section 10-1-399."90 SECTION 2.91 All laws and parts of laws in conflict with this Act are repealed.92 S. B. 439 - 4 -