1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3919 By: Caldwell (Chad)
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6 AS INTRODUCED
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7 An Act relating to assisted living; mandating
7 disclosure of certain relationships; mandating
8 disclosure of referral fee; providing for written
8 agreement between referral agency and prospective
9 resident; providing for record keeping of the written
9 agreement; directing when contact information can be
10 sold to third parties; providing for civil liability;
10 providing enforcement by the Attorney General or an
11 assistant district attorney; amending 63 O.S. 2021,
11 Section 1-890.2, which relates to definitions in the
12 Continuum of Care and Assisted Living Act; adding a
12 definition; providing for codification; and providing
13 an effective date.
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16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. NEW LAW A new section of law to be codified
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18 in the Oklahoma Statutes as Section 1-890.9 of Title 63, unless
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19 there is created a duplication in numbering, reads as follows:
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20 A. A referral agency shall disclose to a prospective resident
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21 or the representative of the prospective resident referred to an
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22 assisted living center:
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23 1. Documentation of the existence of any relationships between
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24 the referral agency and the assisted living center, including common
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 1 ownership or control of the assisted living center, and financial,
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2 business, management, or familial relationships between the referral
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3 agency and the assisted living center;
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4 2. That the referral agency receives a fee from the assisted
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5 living center for the referral. The amount of the fee or a good
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6 faith estimate of the fee, if not determined, may be described as a
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7 dollar amount or as a percentage of the first month's rent and care
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8 charges; and
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9 3. Written documentation of the agreement between the referral
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10 agency and the prospective resident or representative of the
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11 prospective resident. The agreement must include:
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12 a. the right of the prospective resident or
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13 representative of the prospective resident to
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14 terminate the referral agency's services for any
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15 reason at any time, and
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16 b. a requirement that the referral agency communicate the
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17 cancellation of the agreement to all assisted living
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18 centers to which the prospective resident has been
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19 referred.
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20 B. The referral agency and the prospective resident or
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21 representative of the prospective resident shall sign and date the
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22 documentation required in subsection A of this section. The
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23 referral agency shall provide a written or electronic copy of the
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 1 signed disclosure to the assisted living center on or before the
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2 date the resident is admitted to the assisted living center.
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3 C. The assisted living center shall:
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4 1. Not be required to pay the referral agency a fee:
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5 a. until written receipt of the documentation required in
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6 subsection B of this section is received,
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7 b. until after the date of the agreement between the
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8 referral agency and the prospective client or
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9 representative of the prospective client is
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10 terminated, and
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11 c. for the transfer of a resident within the same
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12 assisted living center or any facility owned by a
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13 subsidiary or affiliated entity of the assisted living
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14 center where the person is currently residing;
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15 2. Maintain a written or electronic copy of the documentation
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16 required in subsection B of this section at the assisted living
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17 center for at least one (1) year after the date that the new
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18 resident is admitted; and
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19 3. Not sell or transfer the prospective resident's or
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20 prospective resident's representative's contact information to a
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21 third party without the written consent of the prospective resident
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22 or representative of the prospective resident.
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23 D. A referral agency that violates this section is subject to a
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24 civil penalty of up to Five Hundred Dollars ($500.00) per violation.
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 1 E. The Attorney General or an assistant district attorney may
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2 bring civil action on behalf of the state to seek the imposition of
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3 a civil penalty for a violation of this section or to enjoin the
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4 continuance.
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5 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-890.2, is
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6 amended to read as follows:
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7 Section 1-890.2 As used in the Continuum of Care and Assisted
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8 Living Act:
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9 1. "Assisted living center" means any home or establishment
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10 offering, coordinating or providing services to two or more persons
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11 who:
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12 a. are domiciled therein,
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13 b. are unrelated to the operator,
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14 c. by choice or functional impairments, need assistance
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15 with personal care or nursing supervision,
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16 d. may need intermittent or unscheduled nursing care,
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17 e. may need medication assistance, and
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18 f. may need assistance with transfer and/or ambulation;
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19 2. "Board" means the State Board of Health;
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20 3. "Commissioner" means the Commissioner of Health;
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21 4. "Continuum of care facility" means a home, establishment or
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22 institution providing nursing facility services as defined in
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23 Section 1-1902 of this title and one or both of the following:
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 1 a. assisted living center services as defined in the
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2 Continuum of Care and Assisted Living Act, and
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3 b. adult day care center services as defined in Section
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4 1-872 of this title; and
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5 5. "Department" means the State Department of Health; and
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6 6. "Referral agency" means an individual or entity that
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7 provides referrals to an assisted living center or its subsidiary
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8 facility for a fee that is collected from either the prospective
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9 resident or the assisted living center. Referral agency does not
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10 include an assisted living center, its subsidiary facility, or its
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11 employees; a resident's family member; or a resident of an assisted
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12 living center, regardless of whether the resident who refers a
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13 prospective resident to an assisted living center receives a
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14 discount or other remuneration from the assisted living center.
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15 SECTION 3. This act shall become effective November 1, 2024.
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17 59-2-9172 TJ 01/05/24
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