Modifies provisions relating to independent living facilities and long-term care facilities
HB815 repeals and replaces two existing statutes governing certain residential care and long-term care facility regulations, and adds a new section addressing referral agencies that connect prospective residents to facilities. The bill keeps the Department of Health and Senior Services as the administrator of the relevant facility laws and prohibits rules that would require a prospective employee of an assisted living or residential care facility to be examined by a physician before hiring, while still requiring the facility to ensure the person can perform the job.
The bill also strengthens public notice requirements when the department finds a licensed facility or operator out of substantial compliance with standards that pose an imminent danger or a substantial probability of death or serious physical harm. In those cases, the department must issue immediate written notice, make the notice public, send it to other agencies, and require posting at the facility unless the violation is corrected within a short time frame.
A major new component of HB815 is regulation of referral agencies serving independent living facilities and long-term care facilities. The bill defines referral agencies and requires them to disclose relationships with facilities, disclose that they are paid by the facility, and provide written agreements to prospective residents that explain services, cancellation rights, no-contact requests, privacy policy access, and notice obligations if the agreement is terminated. Facilities may not pay referral fees until the resident is admitted and the agreement is received, and they may not sell or transfer contact information without consent.
The bill’s impact on state law is to create a clearer disclosure and consumer-protection framework for senior housing and long-term care placement referrals, while also limiting certain hiring-related medical screening requirements and expanding transparency around serious facility violations. It authorizes civil penalties of up to $500 per violation for referral agencies and allows the attorney general or a circuit attorney to seek penalties or injunctions.
No committee debate or vote history is provided, so overall sentiment cannot be measured from recorded discussion. Based on the bill text alone, the measure appears aimed at consumer protection and regulatory clarity, with likely support from advocates for resident transparency and oversight, and possible concern from referral businesses or facility operators about added disclosure duties, restrictions on fee arrangements, and enforcement exposure.
HB815 would amend Missouri law governing assisted living, residential care, independent living, and long-term care facilities by repealing sections 198.009 and 198.029 and enacting new provisions in their place. It preserves departmental rulemaking authority, bars physician-assessment requirements for prospective employees of assisted living and residential care facilities, requires public notice and posting for serious noncompliance findings, and creates new disclosure, contract, and fee rules for referral agencies serving facilities. It also adds civil enforcement authority and penalties for violations by referral agencies.
There is no committee transcript or vote record available in the provided material, so there is no direct evidence of legislative sentiment. From the bill’s structure, the measure appears generally pro-consumer and pro-transparency, focusing on resident protections, disclosure, and accountability in senior housing and long-term care placement. Any opposition would likely come from referral agencies or facility operators concerned about compliance burdens, business practices, and liability exposure.
The main points of contention are likely to be the new regulation of referral agencies, especially the required disclosures of ownership and financial relationships, the limits on charging fees and transferring contact information, and the ability of residents to terminate agreements without penalty. Facilities and referral businesses may also object to the public posting and dissemination of noncompliance notices, which could affect reputation and operations. Another possible issue is the prohibition on physician assessments for prospective employees, which may be viewed by some as reducing screening flexibility, though the bill still requires facilities to ensure job capability.