HB297 • 2026

Assisted living facilities; resident referral agencies, required disclosures.

<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 63.2-1808.6, relating to assisted living facilities; resident referral agencies; required disclosures; referral fee limitations; civil penalty.</p>

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Seibold
Last action: 2026-02-18
Official status: Continued
Effective date: Not listed

Plain English Breakdown

The bill does not specify exact services a resident referral agency must provide before becoming eligible to receive a referral fee.

Rules for Assisted Living Resident Referral Agencies

This bill sets rules for agencies that help people find assisted living facilities, including what information they must share with residents and limits on fees.

What This Bill Does

Defines a resident referral agency as any individual or entity receiving compensation from an assisted living facility, third party, or prospective resident for providing referrals to assisted living facilities.
Requires these agencies to disclose specific information about their services, financial arrangements with facilities, and the possibility that not all facilities may be included in recommendations.
Specifies that residents can opt out of using a referral agency's services at any time without penalty.
Limits how much referral fees can be charged by resident referral agencies.
Gives the Attorney General authority to enforce these rules and impose fines up to $1,000 for violations.

Who It Names or Affects

Assisted living facilities
Residents looking for assisted living facilities
Resident referral agencies

Terms To Know

Referral fee: Money or other compensation given to a resident referral agency when someone moves into an assisted living facility after being referred.
Resident referral agency: An individual or entity that gets paid for referring people to assisted living facilities.

Limits and Unknowns

The bill does not specify the exact services a resident referral agency must provide before becoming eligible to receive a referral fee.
It is unclear how the bill will be enforced and what specific actions might lead to civil penalties.

Bill History

2026-02-18 House
Left in Committee Health and Human Services
2026-02-10 Health and Human Services
Continued to 2027 in Health and Human Services (Voice Vote)
2026-02-05 Social Services
Subcommittee recommends continuing to 2027 (Voice Vote)
2026-02-05 Social Services
House subcommittee offered
2026-01-29 House
Fiscal Impact Statement from Department of Planning and Budget (HB297)
2026-01-16 Social Services
Assigned sub: Social Services
2026-01-09 House
Prefiled and ordered printed; Offered 01-14-2026 26104702D
2026-01-09 Health and Human Services
Referred to Committee on Health and Human Services

Official Summary Text

Assisted living facilities; resident
referral agencies; required disclosures; referral fee limitations; civil penalty.
Sets forth requirements for resident referral agencies, defined in the bill as any individual or entity that receives compensation from an assisted living facility, a third party, or a prospective resident for providing resident referrals to an assisted living facility, including required disclosures, referral fee limitations, enforcement, and civil penalties. The bill provides that assisted living facilities and residents are not obligated to participate with any resident referral agency and specifies that residents may opt out at any time in writing. The bill also specifies the minimum services a resident referral agency must provide before becoming eligible to receive a referral fee.

Current Bill Text

Read the full stored bill text

HOUSE BILL NO. 297

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the House Committee on _____________

on ________________)

(Patron Prior to Substitute--Delegate Seibold)

A BILL 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; civil penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended 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
, as follows:

Article
1.1
.

Resident
R
eferral
A
gencies
.

§
63.2-1808.2
.
D
efinitions
.

As used in this
article
, unless the context requires a different meaning:

"Referral fee" means any compensation, whether monetary or in-kind, received by a resident referral agency in exchange for referring a resident
who
moves into an assisted living facility as a result of the referral provided.

"Resident" means an individual who is considering moving into an assisted living facility
,
the individual's legal representative
, or

a
personal representative designated by the
individ
ual
resident
.

"
Resident
referral agency"
means any individual or entity that receives compensation from an assisted living facility for providing resident referrals to an assisted living facility.

§
63.2-1808.3
.
Resident referral agencies.

A
.
An assisted living facility is not obligated to participate with any
resident
referral agency.
Nothing in this chapter shall restrict the ability of an assisted living facility and resident referral agency to negotiate the terms of their business relationship, consistent with applicable law.

B
.
Contact and information requests made of the
resident r
eferral agency by family members, friends, and other contacts of the prospective resident
shall
not be considered an agreement
for
services by the resident.
The resident referral agency shall (i) provide all disclosures pursuant to §
63.2-1808.4
to the resident prior to the submission of personal information by the resident and (ii) obtain documented acknowledgement by the resident that such disclosures have been provided.

§
63.2-1808
.
4
. Resident referral agencies; required disclosures
.

Resident referral agencies shall disclose
the following information
to residents:

1. A description of the services provided by the resident referral agency;

2. A statement identifying whether a compensation arrangement between the resident referral agency and any assisted living facility exists;

3. A statement that not all licensed assisted living facilities may be included in the list of recommendations provided by the resident referral agency;

4. A statement that assisted living facilities may also be identified through noncommercial sources, including the Department of Social Services, nonprofit organizations, and public internet searches;

5. A statement that the resident may stop using the services of the resident referral agency at any time without cause or penalty
; and

6.
A
ny ownership, management, or financial interest the resident referral agency has in an assisted living facility to which the resident is referred.

§
63.2-1808
.
5
.
Enforcement
; civil
penalt
y
.

The Attorney General shall enforce the requirements of this chapter. Any person
that
fails to comply with this chapter is subject to a civil penalty not to exceed $1,000 per violation. Such penalty shall be collected by the Attorney General and the proceeds shall be deposited into the general fund.