DRAFT FOR BILL TO PROPOSE 2020
Revised 8/15/19

Definitions:

  • Client-The senior and their designated representative or legal representative
  • Company-The referral/placement agency
  • Facility-Any community/group home where client may be placed

FAMILY CHOICE
It is in the interest of the public and the vulnerable seniors that, at the first meeting with the Client, the Company will disclose in writing that they are paid a fee by the Facility that is chosen. The relationship between the Client and the Company in the eyes of the Facility cannot be acquired by any means other than the Company arranging and being present at the initial tour. The Client has the right to terminate services of a Company for any reason prior to visiting a facility or facilities referred by the Company and notice of cancellation can be delivered by date stamped email. If client has toured any facility, at the prompting of referring Company, that Company can expect compensation from that facility per the executed contract between the Company and Facility, provided that the Client moves into or takes financial possession within 12 months of the time of the initial tour. The Client may work with another Company to determine additional options for consideration after the former Company’s services has been terminated. This provision will also supersede any online company agreements with the Facility that would in any way impair the Client’s ability to choose what Company they work with or cause the possibility that the Facility would be asked to pay twice for the same referral. All fees are subject to previously negotiated contracts between the Company and the Facility and nothing in this law requires a Facility to pay a fee to any Company not contracted with that Facility.

The objectives of this provision are as follows:

  • Clarifies what Company receives the fee and eliminates the possibility that a Facility would pay a fee to two different companies for the same placement.
  • Eliminates 3rdparty contractual relationships that unknowingly prevent the Client’s ability to choose the Company they want to work with.
  • Provide total control to the Client over the Company with whom they choose to work.
  • Creates the need for the Company to perform effectively to retain the Client relationship.
  • Eliminates payments to a Company, who claims a fee based solely on the fact that the name of a possible, potential resident was given to the Facility and where little or no additional service was rendered.
  • Enforcement: Failure to present the Family Choice form in a timely manner will make it illegal for the facility to pay a fee to the Company.

Summary
This provision gives the senior control over which company they wish to work with and relieves them of having to read and understand the terms of use of online companies in order to have that freedom. It also gives relief to seniors who are not getting the quality of service they expected.

TOUR REQUIREMENT
The interest of the public and the vulnerable seniors is beat served when any Company purporting to be a referral/placement professional and are being paid a fee for the referral, is required to accompany the Client on the first tour of any Facility under consideration.

  • Able to document what was said regarding availability, price, terms etc.
  • Insure there is a clear understanding of what services are being offered along with the care limits that may affect the Client’s future.
  • Insure that all pertinent questions get asked and answered to the Client’s satisfaction.
  • Introduce Client to personnel who are involved with the care.
  • Use experience to help answer Client questions about the admission process and how to handle problems that the case may present.
  • Explain why a Facility meets or doesn’t meet the needs the Client expressed during the initial assessment/suitability conference.
  • Enables the Company to see admission issues that may need attention and to assist with getting paperwork and other requirements for admission.
  • Company is able to get feedback and reaction to what the Client thinks at the time of the experience rather than having the Client try to remember and relate it later.
  • More than one tour in a day can be confusing, and at the end of touring there is often a need to help keep things organized and review any concerns.
  • Facility admission paperwork may not cover Client interests, background and other factors that will impact their feeling of well-being, happiness, physical and mental health, now and in the future.
  • Sending a vulnerable Client to Facilities unaccompanied, subjects them to pressure and uncertainty because the marketing people at the Facility do not have the benefit of an extensive assessment where health and happiness factors are discussed fully.
  • This provision shall only apply to the first visit to the Facility by the Client.
  • Enforcement: The Facility may, at their sole discretion, refuse to pay the fee to any Company who fails to accompany the Client on the first tour of the Facility. This provision supersedes any conflicting provisions within the Company contract with the facility.

Summary
This provision insures the client that they will not be left to fend for themselves when meeting with the marketing people at the Facilities. They also will be reassured that they will get the required help in evaluating whether or not the Facility is the best choice for their unique case.

INSURANCE REQUIREMENT
The interest of the public and vulnerable seniors is best served by requiring Referral/Placement companies to carry 1 Million dollars/per occurrence in general liability insurance and 1 million dollars/per occurrence in professional liability insurance.

  • This protection for the public could only be opposed by those who are only looking for an occasional paycheck without the background or commitment to high standards of professional service.

Summary
This provision provides protection to the public in the event the agent acts irresponsibly and is often a requirement before some Facilities will sign a contract with the Company.

ADVANCE VISITATION REQUIREMENT
The interest of the public and the vulnerable seniors is best served by requiring Referral/Placement companies to personally visit and be familiar with the Facilities they will be touring with their clients. To accomplish this, the Company must complete the Advance Visitation Form which must be on file, signed by the Facility and be available upon request by the Client and the Facility. There must be a personal visit to the Facility every 12 months and at the time the report is done, links to the DORA occurrence and inspection history must be provided along with an explanation of what it contains. The Facility Information Form cannot be done over the phone and must be given to the Client and the Facility at or prior to or during the tour of that Facility.

  • It is inconceivable that a Company would include a tour of a Facility that they have never seen or researched and it is equally inconceivable that the trusted family of a loved one would allow it if they knew.
  • The minimum standard of disclosure regarding any Facility should contain the public information available along with information acquired by an experienced professional.
  • Coaching the client on the DORA website containing occurrences and inspections is an important part of this provision.
  • Enforcement: There can be no fee paid for a placement where a Company has not personally visited the Facility and completed the Facility Information Form.

Summary
Visiting and vetting the Facility prior to the tour is an essential part of the service and an absolute requirement. How can the Company effectively match the Client’s wants and needs if they have never been there?