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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4410 By: Blancett
AS INTRODUCED
An Act relating to long-term care referral fees;
amending Section 2, Chapter 58, O.S.L. 2024 (63 O.S.
Supp. 2025, Section 1-866.2) which relates to
referral agency referrals; modifying disclosure
requirements from referral agencies; amending Section
3, Chapter 58, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 1-866.3), which relates to referral agency
restrictions; adding a restriction; amending Section
4, Chapter 58, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 1-866.4) which relates to referral agency
requirements; modifying the duties for referral
agencies; amending Section 5, Chapter 58, O.S.L. 2024
(63 O.S. Supp. 2025, Section 1-866.5), which relates
to compensation for referral agency; modifying
compensation for referral agency; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 58, O.S.L. 2024
(63 O.S. Supp. 2025, Section 1-866.2), is amended to read as
follows:
Section 1-866.2. A. At the time of the referral, a referral
agency shall disclose the following to the consumer Before providing
a referral, a referral agent shall provide the consumer with a
disclosure statement. The disclosure statement may be made orally
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with the consent of the consumer and thereafter provide the client
with a written disclosure. The written disclosure shall be
conspicuous, provided in clear language, and a minimum of 14-point
font and include the following statements that the consumer
acknowledges individually that they understand and agree:
1. A description of the referral agency's service including
details on the procedure in which they refer the consumer to an
assisted living center or continuum of care facility;
2. A statement on whether the consumer or the assisted living
center or continuum of care facility to which the consumer is
referred is responsible for paying the referral fee, including the
amount of the fee that will be paid for the referral; and
3. A statement that the consumer may, without cause or penalty,
stop using the referral agency. The termination of all services
shall include the use of the consumer's personal information. The
statement shall include how the consumer notifies the referral
company of such. The referral agency shall communicate this
decision by the consumer to all assisted living centers or continuum
of care facilities to which the consumer has been referred upon
being notified by the consumer that they plan to stop using the
referral agency. Notification by a consumer shall not affect the
contractual agreement between the referral agency and the assisted
living center or continuum of care facilities.;
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4. The referral agent's contact information, including address
and phone number;
5. The referral agent's privacy policy; and
6. A statement of whether the referral agent provides referrals
only to facilities with which the agent has an existing contract.
B. The referral agency shall make the disclosure statement
available to a consumer in a clear and conspicuous written physical
or electronic document.
C. The referral agency shall take into account the consumers'
preferences in selecting the assisted living center or continuum of
care facility to which it refers the consumer and cost shall not be
used as the sole factor in that selection.
D. An assisted living center or continuum of care facility
shall not be required to contract with or do business with a
referral agency.
SECTION 2. AMENDATORY Section 3, Chapter 58, O.S.L. 2024
(63 O.S. Supp. 2025, Section 1-866.3), is amended to read as
follows:
Section 1-866.3. A referral agency shall not:
1. Refer a consumer to an assisted living center or continuum
of care facility in which the referral agency has an ownership,
management, or financial interest excluding a de minimis interest,
such as a direct or indirect ownership of less than one percent (1%)
of an assisted living center or continuum of care facility;
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2. Hold a power of attorney or hold property in any capacity
for a consumer or for whom a referral is made;
3. Refer a consumer to an assisted living center or continuum
of care facility that, to the referral agency's knowledge, is
unlicensed and is not exempt from licensing under applicable law;
4. Collect a fee for a consumer transferring from one location
of an assisted living center or continuum of care facility to
another location of the same assisted living center or continuum of
care facility unless the consumer has engaged the referral agency to
help facilitate the transfer to a new location and the consumer has
been provided with more than one referral; or
5. Collect a fee for a referral after the expiration of the
referral according to the contract between the referral agency and
the assisted living center or continuum of care facility;
6. Charge a facility for a placement after more than twelve
(12) months has lapsed in documented counseling with the Consumer.
The referral agency shall obtain a new contract with the consumer
after twelve (12) months.
SECTION 3. AMENDATORY Section 4, Chapter 58, O.S.L. 2024
(63 O.S. Supp. 2025, Section 1-866.4), is amended to read as
follows:
Section 1-866.4. A referral agency shall:
1. Use a nationally accredited service provider to obtain
criminal history record information upon hire, on a referral agency
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employee who has direct contact with a consumer; provided, however,
that a referral agency employee who physically enters an assisted
living center or continuum of care facility with the purpose of
making a referral on behalf of a consumer, shall obtain a criminal
background check, in accordance with paragraph 1 of subsection I of
Section 1-1947 of Title 63 of the Oklahoma Statutes;
2. Maintain liability insurance coverage for negligent acts or
omissions by the referral agency or its employees;
3. Audit each assisted living center or continuum of care
facility to which the referral agency provides referrals to ensure
that any applicable license is in good standing and maintain a
record of that audit;
4. Provide all referral agency employees whose job
responsibilities require direct contact with a consumer with
introductory training, including training on the referral agency's
code of conduct, before the employee begins performing those
responsibilities;
5. Provide an assisted living center or continuum of care
facility with the time and date on which any referral has been made
to the assisted living center or continuum of care facility in a
clear and conspicuous written physical or electronic document on or
before the date the consumer is admitted; and
6. After November 1, 2024 2026, provide any new written
contract with an assisted living center or continuum of care
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facility for which it is making referrals the length of time that a
referral agency shall be paid from the date that the referral was
made to the assisted living center or continuum of care facility not
to exceed thirty-six (36) twelve (12) months; and
7. Establish a policy to protect the personal information of a
consumer and post the policy on an internet website maintained by
the referral agency. The posting shall be in clear language, and a
minimum of 14-point font, and available for all consumers to access
without having to go to an alternate site.
SECTION 4. AMENDATORY Section 5, Chapter 58, O.S.L. 2024
(63 O.S. Supp. 2025, Section 1-866.5), is amended to read as
follows:
Section 1-866.5. A. A written contract entered into between a
referral agency and an assisted living center or continuum of care
facility may provide for the compensation of a referral agency for
all referrals made to an assisted living center or continuum of care
facility; such compensation may include, without limitation, amounts
based on volume or value of referrals or business otherwise
generated between the parties.:
1. The amount of a fixed referral fee that the assisted living
or continuum of care facility will pay to the referral agency in
connection with the referral upon move-in of the referral that lives
in the community for over ninety (90) days; or
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2. The amount equal to the first month's rent for a referral
fee that the assisted living or continuum of care facility will pay
in connection with the referral upon move-in of the referral that
lives in the community for over ninety (90) days.
B. Compensation paid to a referral agency that complies with
the requirements set forth in this section will not be grounds for
disciplinary action against a long-term care administrator pursuant
to OAC 310:679-10-20 or any other rule or statute regulating long-
term care administrators.
C. If a consumer is referred to a facility and the referral
agent has received compensation from the facility for the referral,
the client may notify the referral agent in writing that the
consumer wishes to use the services of another referral agent in the
future for referral to another facility in a subsequent move. After
receiving notice under this subsection, the first referral agent may
not receive compensation from another facility in a subsequent move
for any referral made before receiving the notice.
D. If a consumer unknowingly uses two (2) or more referral
agencies, the consumer has the right to choose which referral agency
provided the required services and therefore should receive the
referral fee.
E. An assisted living or continuum of care community shall not
pay the referral fee until after they have received a copy of the
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consumer's disclosure statement where they acknowledged the required
items from section 1-866.2 in this title.
SECTION 5. This act shall become effective November 1, 2026.
60-2-15432 TJ 12/26/25