Sec. 121.004. DUTIES. A referral agency shall: (1) use a nationally accredited service provider to obtain criminal history record information of: (A) a new employee of the referral agency who will have direct contact with a consumer; and (B) a referral agency employee who physically enters a senior living community for the purpose of making a referral to a consumer; (2) maintain liability insurance coverage for negligent acts or omissions by the referral agency or its employees; (3) audit each senior living community with respect to which the referral agency provides referrals to ensure that any applicable license is in good standing and maintain a record of that audit; (4) provide training to all referral agency employees whose job responsibilities require direct contact with a consumer, including training on the referral agency's code of conduct, before the employee begins performing those responsibilities; (5) if a referral agency refers a consumer to a senior living community, notify the senior living community of the referral by a written physical or electronic document that includes the time and date of the referral, on or before the date the consumer is admitted to the senior living community; and (6) if a referral agency enters into a contract with a senior living community, specify in the contract the period within which the senior living community must pay the referral agency, not to exceed three years after the date the referral agency provided a consumer a referral to the senior living community.
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