<p class=ldtitle>A BILL to amend and reenact § 63.2-1803.1 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 18 of Title 63.2 an article numbered 1.1, consisting of sections numbered 63.2-1808.2 through 63.2-1808.5, relating to assisted living facilities; resident referral agencies; required disclosures; referral fee limitations; civil penalty.</p>
SB 791 would regulate “resident referral agencies” that connect prospective residents with assisted living facilities. The bill defines such agencies, requires that residents opt in to referral services, and bars a facility from being forced to participate with any agency. It also requires agencies to provide minimum services before earning a fee, including a consultation, at least three facility recommendations, and help arranging tours.
The bill adds detailed disclosure requirements before any referral arrangement begins. Agencies would have to disclose any ownership, control, business, financial, management, or familial relationships with assisted living facilities; explain how they are compensated; identify referral-fee limits; note that residents can find facilities through noncommercial sources; and disclose that not all licensed facilities may be listed. The resident must sign the disclosure, and the facility cannot pay a referral fee until the disclosure has been provided.
SB 791 would amend existing assisted living facility law in Title 63.2 by creating a new article governing resident referral agencies and by expanding the Assisted Living Facility Education, Training, and Technical Assistance Fund to receive civil penalties collected under the new article. It would limit referral fees to one per resident, prohibit fees when the agency is acting under a power of attorney for the resident, restrict duplicate fee claims, impose a 24-month window for fee eligibility, and require destruction of retained resident information if no fee is claimed within that period. Enforcement would be assigned to the Attorney General, with civil penalties of up to $10,000 per violation.
The available voting history suggests the bill was received favorably in committee, with a unanimous 12-0 vote to continue it to the next session. No committee transcript is available, so there is no recorded debate to indicate broader support or opposition. The unanimous vote and referral to next session suggest the measure was not rejected, but rather deferred for further consideration.
The main policy tension in SB 791 is between consumer transparency and the business practices of referral agencies and assisted living facilities. Supporters would likely view the bill as protecting vulnerable prospective residents and their families from undisclosed financial relationships, incomplete facility lists, and repeated or excessive referral charges. Potential concerns could come from referral agencies or facilities about the administrative burden of disclosures, limits on compensation, the one-fee-per-resident rule, the 24-month cutoff, and the Attorney General’s enforcement authority. Because there are no committee transcripts, specific objections or amendments are not documented in the provided materials.