Section 449.NEW - [Newly enacted section not yet numbered] [Restrictions on senior living community referrals]1. A senior living community referral agency shall not:(a) Except as otherwise provided in subsection 3, refer a person who is aged or the representative of such a person to a senior living community:(1) In which the senior living community referral agency, an executive thereof or any immediate family member of such an executive has an ownership or financial interest; or(2) That is managed wholly or partially by the senior living community referral agency, an executive thereof or any immediate family member of such an executive;(b) Issue a referral to a person who is aged or the representative of such a person if the senior living community referral agency, an employee thereof or an immediate family member of such an employee holds a power of attorney or any property of the person who is aged;(c) Refer a person who is aged or the representative of such a person to a senior living community that does not hold a license required by law;(d) Refer a person who is aged or the representative of such a person to a senior living community that is not capable of adequately caring for the person who is aged; or(e) Accept compensation for a referral from a senior living community with which the senior living community referral agency has not entered into a written contract concerning such a referral.2. A senior living community referral agency shall: (a) Use a nationally accredited provider of criminal background investigations to conduct an investigation into the criminal background of each employee of the senior living community referral agency who directly interacts with persons who are aged or representatives of such persons;(b) Maintain liability insurance in an amount of at least $1,000,000 for each incident and $2,500,000 in total per year for negligent acts or omissions committed by the senior living community referral agency or an employee thereof;(c) Cease contacting a person who is aged or the representative of such a person as soon as possible and not later than 10 days after the person or representative requests the senior living community referral agency to cease contacting the person;(d) Cease making referrals to a senior living community for a person who is aged or the representative of such a person as soon as possible and not later than 10 days after the person or representative requests the senior living community referral agency to cease making such referrals;(e) Refrain from selling the personal information of a person who is aged or the representative of such a person upon the request of the person or representative; and(f) Establish a policy to protect the privacy of persons who are aged and the representatives of such persons and post the policy on an Internet website maintained by the senior living community referral agency.3. A senior living community referral agency may refer a person who is aged or the representative of such a person to a senior living community described in paragraph (a) of subsection 1 if the person or representative provides the senior living community referral agency with written permission to make such a referral before the referral is made.4. A written contract entered into pursuant to paragraph (e) of subsection 1 may provide for the compensation of a senior living community referral agency by a senior living community in: (a) An amount for all referrals made by the senior living community referral agency to the senior living community in a specified period of time;(b) An amount for each referral to the senior living community that is based on a percentage of the cost of the first month of rent and care received by the person referred to the senior living community; or(c) A fixed amount for each referral to the senior living community.Added by 2023, Ch. 109,§5, eff. 10/1/2023.