ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: HHS DPA/SE 8-0-0-0 | 3^rd Read 27-0-3-0 House: APPROP DP 13-0-0-0

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SB 1034: assisted living; referral agencies; disclosure

Sponsor: Senator Barto, LD 15

House Engrossed

Overview

Modifies disclosure requirements for assisted living facility (facility) referral agencies and adds assisted living homes (homes) to referral agency disclosure requirements.

History

Facility means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis. Home means a facility that provides resident rooms to 10 or fewer residents. (A.R.S § 36-401).

Currently, a referral agency is required to disclose the following information to any prospective resident or representative of a prospective resident at the time or before any referral is made for care at a facility:

1) The existence of any current business relationships between the referral agency and the facility; and

2) The facility pays a fee to the referral agency in connection with the referral.

Both the referral agency and the prospective resident must sign and date or electronically acknowledge and date the disclosures required and provide a copy of disclosures either electronically or in hard copy. The referral agency must also provide a copy of the signed and dated or electronically acknowledged and dated disclosure to the facility at the time the resident receives the disclosures and the facility must maintain a copy on file (A.R.S. § 36-446.14).

Provisions

1. Adds homes to prescribed referral agency disclosure requirements. (Sec. 1)

2. Requires a referral agency to disclose, in a specified form, to any prospective resident or representative of a prospective resident of a home that the home pays a fee to the referral agency in connection with the referral. (Sec. 1)

3. Requires a facility or home to disclose the amount of the fee, if determined, or a good faith estimate of the fee, if not determined, that the facility or home will pay to the referral agency. (Sec. 1)

4. Allows the referral agency to describe the fee as a dollar amount or percentage of the prospective resident’s first month’s rent and care charges at the facility or home. (Sec. 1)

5. Directs the referral agency, after the first instance of providing the disclosure to the prospective resident, to request the prospective resident an acknowledgment of receiving the disclosure in the same manner and form in which the disclosure was delivered. (Sec. 1)

6. Permits the prospective resident to terminate all services of the referral agency at any time by providing a written or electronic termination notice to the referral agency. (Sec. 1)

7. Specifies that if the prospective resident delivers a termination notice, the referral agency is not entitled to any fee for the prospective resident’s move-in after the date of the termination notice unless:

a) The facility or home, chosen by the resident within 12 months after the date of termination, specifically identified and referred to the resident after evaluating the prospective resident’s profile and requests before the resident delivered the notice of termination; or

b) The referral agency provides documentation to the facility or home that the resident communicated with the referral agency for referral services before the resident’s admission to the facility or home. (Sec. 1)

8. States that the referral agency’s written, electronic or oral disclosure must be in the prescribed format. (Sec. 1)

9. Directs a facility or home, within 14 days after a resident’s admission, to notify the referral agency of the resident's admission if the facility or home is contracted with the referral agency.

10. Instructs the referral agency to provide the facility or home, no later than 14 days after receiving notice of the resident's admission, with:

a) A written or electronic copy or recording or the disclosure made to the resident; and

b) The resident’s acknowledgement of receiving the disclosure, along with the date and time of the disclosure to the resident. (Sec. 1)

11. Mandates the facility or home maintain a copy of the disclosure for as long as the resident is at the facility or home. (Sec. 1)

12. Requires the referral agency to maintain a copy of the disclosure and acknowledgment for one year. (Sec. 1)

13. Prohibits a facility or home from paying any referral fee associated with a resident until:

a) The facility or home receives the written or electronic copy or recording of the disclosure made to the resident; and

b) The resident’s acknowledgement of receiving the disclosure provided and maintained in the same manner and form. (Sec. 1)

14. Makes technical and conforming changes. (Sec. 1)

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                        SB 1034

Initials ES/SM Page 0 House Engrossed

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