Long-term care referral fees; referral agency referrals; disclosure requirements; restrictions; duties; compensation for referral agency; effective date.
HB4410 revises Oklahoma’s rules for long-term care referral agencies that place consumers into assisted living centers or continuum of care facilities. The bill expands and clarifies required consumer disclosures before a referral is made, including the referral agency’s services, who pays the referral fee and how much, the consumer’s right to stop using the agency without penalty, contact information, privacy policy, and whether the agency only refers to contracted facilities. It also requires the disclosure to be provided in a clear, conspicuous written physical or electronic document, and it directs referral agencies to consider consumer preferences rather than using cost as the sole selection factor.
The bill adds or strengthens restrictions on referral agencies, including prohibiting referrals to facilities in which the agency has a prohibited ownership or financial interest, barring agencies from holding power of attorney or consumer property, and preventing referrals to unlicensed facilities. It also limits fees in certain transfer situations and requires a new consumer contract after 12 months of documented counseling. On the operational side, referral agencies must conduct background checks, maintain liability insurance, audit facility licensing status, train employees, provide referral timing information to facilities, and post a consumer privacy policy online. The bill also changes compensation rules, including limits on the duration of referral fee arrangements and a requirement that facilities not pay referral fees until they receive the consumer’s signed disclosure acknowledgment.
HB4410 would amend and tighten the existing statutory framework governing long-term care referral agencies in Title 63, Sections 1-866.2 through 1-866.5. It would impose more detailed disclosure, recordkeeping, training, audit, and privacy obligations on referral agencies, while also limiting certain referral fee practices and clarifying when compensation may be paid. The bill would also affect assisted living centers and continuum of care facilities by restricting when they must or may pay referral fees and by confirming they are not required to contract with referral agencies. The act would take effect November 1, 2026.
The available vote history suggests limited support in committee at the time of the recorded action, with the House Public Health Committee vote failing 3 yeas to 4 nays on a motion to do pass as amended by committee substitute. No transcript excerpts are provided, so there is no recorded floor or committee debate to indicate broader public sentiment. Based on the bill’s structure, it appears aimed at consumer protection and transparency in long-term care placement, but it also imposes additional compliance burdens on referral agencies and facilities.
The most likely points of contention are the bill’s tighter limits on referral agency compensation and its expanded compliance requirements. Referral agencies may object to restrictions on ownership interests, the prohibition on holding power of attorney or consumer property, the requirement to audit facility licensing status, and the shortened compensation window for new contracts. Facilities may also resist provisions affecting referral fee timing and documentation. On the other hand, supporters would likely emphasize consumer disclosure, privacy protections, and reducing conflicts of interest in senior care placement.