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SB 439

"Fair Business Practices Act of 1975"; regulation of referral agencies for assisted living communities and personal care homes; provide

2025-2026 Regular Session Introduced by Max Burns and 3 co-sponsors

Georgia SB 439 requires referral agencies for assisted living to disclose relationships and fees, obtain resident acknowledgment, and limit fees to after relocation with state enfo

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Bill Summary · SB 439

Overview

SB 439 (Georgia, 2025-26) proposes amendments to the Fair Business Practices Act of 1975 to regulate referral agencies that match prospective residents with assisted living communities and personal care homes. The bill adds definitions, disclosure and acknowledgment requirements, fee rules, and enforcement provisions aimed at increasing transparency and protecting prospective residents.

Main purpose and intent

  • Create a regulatory framework for referral agencies that arrange or refer individuals to assisted living communities or personal care homes.
  • Ensure prospective residents and their representatives receive clear information about referrals, relationships, and fees.
  • Limit and govern when referral agencies may charge fees, tying fees to actual relocation and resident confirmation.
  • Establish enforcement primarily through the Attorney General, rather than private action.

Key provisions and changes

  • Definitions added (10-1-393.22):

    • Assisted living community: at least 25 beds, licensed as an assisted living community (per existing statute).
    • Personal care home: housing with personal services for two or more adults, excluding host homes.
    • Personal services: assistance with activities of daily living and supervision, excluding medical or nursing services (with potential waivers).
    • Referral agency: entity that provides referrals for a fee to an assisted living community or personal care home; excludes the facilities themselves and residents/authorized representatives.
    • Resident: person seeking, considering, or receiving housing in such facilities.

  • Disclosure requirements (subsection b):

    • Before referral is made, the agency must disclose in writing, electronically, or verbally:
    • Description of services.
    • Any relationship between the agency and the referred facility (ownership, control, financial, management, contractual, or familial ties).
    • That the agency receives a fee from the facility.
    • That the referral list may not include all options that meet the resident’s preferences/needs.
    • That the resident/authorized representative may terminate services at any time.

  • Acknowledgment of disclosure (subsection c):

    • Prospective resident or representative must acknowledge receipt of disclosure (written, electronic, or verbal) and the acknowledgment must be retained by the agency.
    • Acknowledgment does not create a contractual or exclusive relationship.

  • Fee timing and eligibility (subsections d–e):

    • Agencies may charge/collect fees only after the resident relocates and confirms in writing that they used the agency’s services.
    • Fees cannot be charged without the required acknowledgment and, if more than 24 months have elapsed from referral to move-in, fee collection is restricted unless the resident previously terminated the relationship.
    • If 12 months pass after referral with no relocation, the agency must resubmit a referral; the resubmitted referral remains active for 12 additional months. A copy of the resubmitted referral must be provided to the resident/representative.

  • Continued rights (subsection f):

    • Prospective residents/representatives may terminate all services at any time by written or electronic notice.

  • Enforcement (subsection g):

    • Enforcement is by public action of the Georgia Attorney General; no private right of action is created under this section.

Who/what is affected

  • Referral agencies that provide referrals to assisted living communities or personal care homes for a fee.
  • Assisted living communities and personal care homes that engage with referral agencies (the bill requires disclosure of any related relationships and fees).
  • Prospective residents and authorized representatives seeking housing in such facilities, who gain new disclosure/acknowledgment protections and fee limits.
  • Public enforcement mechanism via the Attorney General; no private lawsuits under this section.

Procedural and timeline aspects

  • The act adds new definitions and a new code section (10-1-393.22) to Part 2 of Article 15, Chapter 1, Title 10.
  • Fee-related provisions become effective upon relocation of the resident; there is a mandatory acknowledgment prior to fee collection.
  • If relocation does not occur within 12 months of referral, agencies must resubmit referrals and provide updated copies; the referral remains active for a subsequent 12 months.
  • If more than 24 months pass from referral to move-in, fees generally cannot be charged unless the resident previously terminated the relationship.
  • Enforcement is through the Attorney General; no private right of action is created.

Practical impact and considerations

  • Increases transparency around referral agency relationships, including potential ownership or financial ties to facilities.
  • Creates consumer protections to prevent surprise or premature fee charges and to ensure residents are informed of limitations on referral lists.
  • Encourages ongoing monitoring of referral activity by the state rather than private litigation.
  • Could affect the business model of referral agencies by restricting when fees can be charged and requiring documentation and recordkeeping of disclosures and acknowledgments.

Compiled from official sources — confirm details with the bill’s official record.

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