Virginia SB 791: Assisted living facilities; requirements for resident referral agencies, required disclosures, etc.

Bill Text

2026 SESSION

INTRODUCED

26104507D

SENATE BILL NO. 791

Offered January 23, 2026

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.

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Patron—McDougle

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Referred to Committee on Rehabilitation and Social Services

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Be it enacted by the General Assembly of Virginia:

1. That § 63.2-1803.1 of the Code of Virginia is amended and reenacted and 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:

§ 63.2-1803.1. Assisted Living Facility Education, Training, and Technical Assistance Fund established.

There is hereby created in the state treasury a special nonreverting fund to be known as the Assisted Living Facility Education, Training, and Technical Assistance Fund, hereafter referred to as "the Fund." The Fund shall be established on the books of the Comptroller. All penalties directed to this fund by subdivision B 4 of § 63.2-1709.2, § 63.2-1808.5, and all other funds from any public or private source directed to the Fund shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of providing education and training for staff of and technical assistance to assisted living facilities to improve the quality of care in such facilities. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Commissioner.

Article 1.1.

Resident Referral Agencies.

§ 63.2-1808.2. Definitions.

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 direct result of the referral provided.

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

"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. If an assisted living facility chooses to participate with a resident referral agency, the assisted living facility shall retain the right to negotiate the terms of the referral, including the referral fee.

B. Contact and information requests made of the resident referral agency by family members, friends, and other contacts of the prospective resident shall not be considered an agreement for services by the resident. For a referral agreement to be valid, the resident shall opt in to using the resident referral agency after reviewing the full disclosure of the terms of the referral. The resident is not obligated to participate with a resident referral agency and may opt out at any time in writing with an understanding that no referral fee will be paid should the resident opt out prior to moving into the referred assisted living facility.

C. A resident referral agency shall provide, at a minimum, the following services before becoming eligible to receive a referral fee: (i) conducting an in-person, virtual, or telephone consultation with the resident to assess the needs and preferences of the resident; (ii) providing a minimum of three recommendations for assisted living facilities that align with the resident's needs and preferences; and (iii) assisting in scheduling and coordinating tours of the referred assisted living facilities.

§ 63.2-1808.3. Resident referral agencies; required disclosures.

A. Resident referral agencies shall disclose the following information to residents:

1. Documentation of the existence of any relationships between the resident referral agency and any assisted living facility, including common ownership or control of the assisted living facility, and financial, business, management, or familial relationships between the resident referral agency and the assisted living facility. 

2. The nature of the compensation arrangement between the resident referral agency and any assisted living facility, specifically listing any fees to be paid to the resident referral agency as a result of its referral;

3. The limitations on re