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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: RAGE DPA 6-0-1-0 | Third Read 27-0-3-0House: HHS DPA 10-0-0-2 |
SB 1477: assisted living facilities; referral agents
Sponsor: Senator Bolick, LD 2
Caucus & COW
Overview
Establishes disclosure and insurance requirements for assisted living referral agencies.
History
An assisted living referral agency must inform a prospective resident or the resident's authorized representative of the following at the time a referral is made to an assisted living facility or home: 1) any business, financial, ownership, or family relationship between the referral agency and the assisted living facility or home; 2) that the assisted living facility or home pays a fee to the referral agency for making the referral; and 3) the amount of the fee, or a good faith estimate of it, that the assisted living facility or home will pay the referral agency. The fee may be described as a specific dollar amount or as a percentage of the prospective resident’s first month’s rent and care charges. The prospective resident may terminate all services provided by the referral agency at any time by giving written or electronic notice. Once the agency receives the termination notice, it may not charge a fee for the resident’s move-in occurring after the notice, except in cases specifically allowed by law.
Within 14 days of a resident being admitted to an assisted living facility or home, the facility or home must notify the referral agency if it has a contract with that agency. The referral agency then has 14 days from receiving this notice to provide the facility or home with a written, electronic, or recorded copy of the disclosures given to the resident and the resident’s acknowledgement of receiving those disclosures, including the date and time they were provided. The assisted living facility or home must keep a copy of the disclosure for the duration of the resident’s stay. The referral agency must retain a copy of the disclosure and acknowledgement for one year. The facility or home may not pay any referral fee for the resident until it has received the required disclosure and the resident’s acknowledgement.
A referral agency that violates these requirements are subject to a civil penalty of up to $1,000 per violation. The Attorney General or a county attorney may institute a proceeding in superior court to recover the civil penalty and to restrain and enjoin a violation. A civil penalty recovered must be deposited into the general fund of the jurisdiction that prosecuted the violation (A.R.S. § 36-446.14).
Provisions
1. Directs a referral agency to either:
a. provide documentation to the assisted living facility or home that the referral agency is not on the adult protective services registry; or
b. annually verify through contract or policy and procedures that the agency uses a nationally accredited service provider to obtain criminal history record information for new employees who have direct contact with consumers or that physically enter assisted living facilities or homes for the purpose of making referrals. (Sec. 1)
2. Requires a referral agency to procure the following insurance from an insurer authorized to do business in Arizona:
a. commercial general liability insurance in an amount of at least $1,000,000 per occurrence and $3,000,000 in the aggregate; and
b. professional liability insurance in an amount of at least $1,000,000 per occurrence and $3,000,000 in the aggregate. (Sec. 1)
3. Makes technical and conforming changes. (Sec. 1)
Amendments
Committee on Health & Human Services
1. Makes technical changes.
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Initials AG SB 1477
3/5/2026 Page 0 Caucus & COW
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