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SECOND REGULAR SESSION
SENATE BILL NO. 1515
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
6507S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 198, RSMo, by adding thereto one new section relating to referrals to facilities
that offer care or services to residents, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 198, RSMo, is amended by adding thereto 1
one new section, to be known as section 198.700, to read as 2
follows:3
198.700. 1. As used in this section, the following 1
terms mean: 2
(1) "Facility", an independent living facility or a 3
long-term care facility; 4
(2) "Independent living facility", a communal living 5
structure in which at least fifty percent of the residents 6
are fifty-five years of age or older that provides its 7
residents with on-site access to dining, transportation, 8
medical care, and basic housekeeping and laundry services 9
and that is not licensed by the state; 10
(3) "Long-term care facility", any facility licensed 11
under this chapter; 12
(4) "Referral agency", an individual or entity that 13
provides referrals to a facility for a fee that is collected 14
from the facility or for a fee that is collected from a 15
prospective resident or the legal representative of a 16
prospective resident. The term "referral agency" shall not 17
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include a facility or its employees, a family member of a 18
resident of a facility, or a resident of a facility 19
regardless of whether the resident who refers a prospective 20
resident to a facility receives a discount or other 21
remuneration from the facility. 22
2. A referral agency shall provide to a prospective 23
resident or the legal representative of the prospective 24
resident referred to a facility: 25
(1) Written or electronic documentation of any 26
agreement, including any agreement to terms and conditions, 27
or acknowledgment or consent for services between the 28
referral agency and the prospective resident or legal 29
representative of the prospective resident; and 30
(2) Written or electronic disclosure of: 31
(a) Any existing relationship between the referral 32
agency and the facility, including common ownership or 33
control of the facility and financial, business, management, 34
or familial relationships between the referral agency and 35
the facility; 36
(b) Any fee that the referral agency receives from the 37
facility for the referral and a detailed description of the 38
services provided by the referral agency in exchange for the 39
fee paid by the facility; 40
(c) The right of the prospective resident or legal 41
representative of the prospective resident to terminate the 42
referral agency's services for any reason at any time 43
without a fee or other penalty for such termination and with 44
notice of the termination provided by the referral agency to 45
all facilities to which the prospective resident has been 46
referred; 47
(d) The right of the prospective resident or legal 48
representative of the prospective resident to request not to 49
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be contacted in the future by the referral agency or any 50
entity to which the referral agency has distributed the 51
prospective resident's information; 52
(e) The right of the prospective resident or legal 53
representative of the prospective resident to receive the 54
referral agency's privacy policy upon request to the 55
referral agency; and 56
(f) The referral agency's possible distribution of the 57
prospective resident's information to other entities that 58
may call and solicit the prospective resident to purchase 59
goods and services. 60
3. The referral agency and the prospective resident or 61
legal representative of the prospective resident shall sign 62
and date, in writing or electronically, the disclosure 63
required in subdivision (2) of subsection 2 of this 64
section. The referral agency shall provide a written or 65
electronic copy of the signed disclosure to the facility on 66
or before the date the resident becomes an occupant of or is 67
admitted to the facility. 68
4. No referral agency shall charge a fee or other 69
penalty to any facility resulting from the termination of an 70
agreement by a prospective resident or legal representative 71
of a prospective resident. 72
5. The facility shall: 73
(1) Not pay the referral agency a fee until such 74
facility receives the written or electronic disclosure 75
required in subdivision (2) of subsection 2 of this section 76
and the resident becomes an occupant of or is admitted to 77
the facility; 78
(2) Not pay the referral agency a fee after the date 79
on which the agreement between the referral agency and the 80
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prospective resident or legal representative of the 81
prospective resident is terminated; and 82
(3) Not sell or transfer the prospective resident's or 83
prospective resident's legal representative's contact 84
information to a third party without the written consent of 85
the prospective resident or legal representative of the 86
prospective resident. 87
6. A referral agency that violates this section is 88
subject to a civil penalty of up to five hundred dollars per 89
violation. 90
7. The attorney general or a prosecuting or circuit 91
attorney may bring a civil action on behalf of the state to 92
seek the imposition of a civil penalty for a violation of 93
this section or to enjoin the continuance of the violation 94
by the referral agency. 95
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