2017 ORS 443.376¹
Duties of referral agents
  • violation as unlawful practice

(1) Before providing a long term care referral, a referral agent shall provide the client with a disclosure. The disclosure may be made orally if the referral agent makes an audio recording of the disclosure with consent of the client and thereafter provides the client with a written disclosure. The written disclosure must be conspicuous, provided in clear language and include:

(a) A description of the long term care referral to be provided by the referral agent, including the length of any contract the referral agent has with a facility regarding placement information about the client or the subject of placement.

(b) The referral agent’s contact information, including address and phone number.

(c) The referral agent’s privacy policy.

(d) A statement of whether the referral agent provides referrals only to facilities with which the agent has an existing contract.

(e) A statement of whether the referral fees for the long term care referral will be paid to the referral agent by the facility.

(2) A referral agent may not:

(a) Share a client’s placement information with or sell a client’s placement information to a facility or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information.

(b) Refer a client to a facility in which the referral agent or an immediate family member of the referral agent has an ownership interest.

(c) Contact a client who has requested in writing that the referral agent stop contacting the client.

(3) If a referral agent maintains a website, the website must contain a link to any state agency website listing complaints concerning facilities. If the referral agent does not maintain a website, the referral agent shall notify clients in writing of the state agency website addresses.

(4) If a client 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 client 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.

(5)(a) A referral agent must include in any contract with a facility provisions prohibiting the referral agent from collecting compensation from the facility when the facility is a subsequent facility as described in this subsection. A facility is a subsequent facility if:

(A) The subject of placement enters a facility to which the subject of placement is referred by a first referral agent, but subsequently leaves that facility; and

(B) A new referral agent refers the subject of placement to the subsequent facility.

(b) When a referral is made to a subsequent facility for a subject of placement by a new referral agent as described in paragraph (a) of this subsection, the new referral agent must present evidence to the subsequent facility that the first referral agent is not entitled to compensation.

(6) Violation of this section is an unlawful practice under ORS 646.608 (Additional unlawful business, trade practices). [2017 c.656 §2]

Note: 443.376 (Duties of referral agents) becomes operative July 1, 2018. See section 7, chapter 656, Oregon Laws 2017.

Note: Section 8, chapter 656, Oregon Laws 2017, provides:

Sec. 8. Section 2 of this 2017 Act [443.376 (Duties of referral agents)] applies only to contracts entered into between a referral agent and a facility or between a referral agent and a client on or after July 1, 2018. [2017 c.656 §8]

Note: See second note under 443.370 (Definitions for ORS 443.370 to 443.376).

1 Legislative Counsel Committee, CHAPTER 443—Residential Care; Adult Foster Homes; Hospice Programs, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors443.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.