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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of referral agencies for senior living |
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communities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 121 to read as follows: |
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CHAPTER 121. REFERRAL AGENCIES FOR SENIOR LIVING COMMUNITIES |
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Sec. 121.001. DEFINITIONS. In this chapter: |
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(1) "Referral agency" means an entity that provides |
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referrals to senior living communities for a fee collected from a |
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consumer or community. The term does not include: |
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(A) a senior living community or its employees; |
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or |
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(B) a resident, resident's family member, or |
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patron of a senior living community who refers a consumer to the |
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community regardless of any discount or other remuneration the |
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community pays to that individual. |
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(2) "Senior living community" means an adult foster |
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care facility, life care facility, assisted living facility |
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licensed under Chapter 247, Health and Safety Code, retirement |
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home, memory care facility, retirement village, home for the aging, |
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or other facility that provides shelter, food, social activities, |
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or other personal services specifically for elderly individuals. |
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Sec. 121.002. COMPENSATION. A written contract executed |
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between a referral agency and a senior living community may provide |
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for the senior living community to pay compensation to the referral |
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agency, including by providing to the referral agency: |
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(1) a lump sum for all referrals made in a specified |
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period; |
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(2) a fee for each referral based on the cost of rent |
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and care the referred consumer receives; or |
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(3) a fixed fee for each referral. |
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SECTION 2. Section 102.005, Occupations Code, is amended to |
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read as follows: |
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Sec. 102.005. APPLICABILITY TO CERTAIN ENTITIES. Section |
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102.001 does not apply to: |
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(1) a licensed insurer; |
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(2) a governmental entity, including: |
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(A) an intergovernmental risk pool established |
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under Chapter 172, Local Government Code; and |
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(B) a system as defined by Section 1601.003, |
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Insurance Code; |
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(3) a group hospital service corporation; |
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(4) a health maintenance organization that |
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reimburses, provides, offers to provide, or administers hospital, |
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medical, dental, or other health-related benefits under a health |
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benefits plan for which it is the payor; [or] |
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(5) a health care collaborative certified under |
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Chapter 848, Insurance Code; or |
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(6) a referral agency as defined by Section 121.001, |
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Business & Commerce Code. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |