(a) In this section, "assisted living referrer" means an individual or agency that: (1) Makes referrals to assisted living programs without cost to the person receiving the referral; and (2) Is compensated by an assisted living program or other third party for referring individuals to a licensed assisted living program. (b) Each assisted living referrer: (1) Shall register with the Office of Health Care Quality; (2) Shall disclose to a client or potential client of the assisted living referrer all financial relationships the assisted living referrer has with assisted living programs; (3) If referring a client or potential client to an assisted living program, shall affirm that the assisted living program is licensed; (4) If referring a client or potential client to an assisted living program, may refer the client or potential client only to a licensed assisted living program; (5) Shall maintain general liability insurance; (6) Shall require employees to obtain a criminal history records check; (7) Shall provide to the client or the client's representative a description of the services that will be provided by the referrer; (8) If the referrer has a financial agreement with the client or the client's representative, shall provide the agreement to the client or the client's representative in writing or by electronic means; and (9) Shall notify the Office of Health Care Quality immediately on learning that the assisted living program is operating without a license. (c) An assisted living referrer may not: (1) Receive funding from the Department if the assisted living referrer is in violation of this subtitle; (2) Make referrals only to licensed assisted living programs from which the assisted living referrer receives compensation as described in subsection (a)(2) of this section; or (3) Request payment of a referral fee from an assisted living program more than 2 years after the assisted living referrer provided the referral. (d) If requested by any person or on its own initiative, the Office of the Attorney General may investigate whether an assisted living referrer violated this subtitle and may seek appropriate relief. (e) The Office of Health Care Quality shall maintain a user-friendly database of licensed assisted living programs. (f) (1) On or before September 30, 2025, an assisted living referrer: (i) Shall keep a client or potential client's medical record, as defined in § 4-301 of this article, confidential and may disclose the medical record only for the purpose of making a referral if the client or potential client gives informed written, electronic, or audio recorded consent; and (ii) May not sell the personal data of a client, potential client, or client's representative to another person unless the client or the client's representative gives informed written, electronic, or audio recorded consent. (2) On or after October 1, 2025, an assisted living referrer shall comply with all applicable data privacy laws.
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