Creates provisions relating to referrals to independent living facilities and long-term care facilities
Summary
HB390 creates a new section in Missouri law governing referral agencies that direct prospective residents to independent living facilities and long-term care facilities. The bill defines key terms, including “referral agency,” “independent living facility,” and “long-term care facility,” and requires referral agencies to disclose their relationships with facilities, including any common ownership, control, or financial, business, management, or familial ties. It also requires disclosure that the agency receives a fee from the facility for the referral and mandates a written or electronic agreement with the prospective resident or the resident’s representative.
The required agreement must describe the services provided in exchange for the fee, allow the prospective resident to terminate services at any time without penalty, require the agency to notify facilities if the agreement is canceled, permit the resident to request no future contact, and provide the agency’s privacy policy upon request. The bill also requires the referral agency to give the facility a copy of the signed agreement before the resident is admitted or becomes an occupant, and prohibits the agency from charging the facility a fee or penalty if the resident terminates the agreement. Facilities may not pay referral fees until they receive the agreement and the resident is admitted, and they may not sell or transfer contact information without consent.
Impact
HB390 would add consumer-protection and disclosure requirements to Missouri’s chapter governing long-term care facilities by regulating third-party referral services for senior housing and care placements. It would impose new compliance obligations on referral agencies and facilities, create a civil penalty of up to $500 per violation for referral agencies, and authorize the attorney general or a circuit attorney to seek penalties or injunctive relief. The bill affects independent living facilities serving older adults and licensed long-term care facilities, as well as the businesses that market or broker placements to those facilities.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be framed as a consumer-transparency bill rather than a controversial policy change. Its requirements suggest a generally protective posture toward prospective residents and their representatives, emphasizing disclosure, consent, and the ability to cancel services without penalty. No formal vote history or transcript evidence is available here to indicate organized support or opposition, but the structure of the bill suggests it was intended to address referral practices perceived as lacking transparency.
Contention
The main points of potential contention are the new disclosure and contract requirements imposed on referral agencies and the restrictions on when facilities may pay referral fees. Referral agencies may object to the mandated written agreements, relationship disclosures, cancellation procedures, and civil penalties, while facilities may view the timing restrictions and limits on sharing contact information as burdensome. On the other hand, consumer advocates and families of prospective residents would likely support the bill’s emphasis on informed consent, privacy, and the ability to end referral arrangements without penalty.