Section 418.353 - Residential care referrals; disclosures; limitations; compensation; penalties(1) A referral agent shall provide a client with a disclosure at the same time the client is offered information, referral or recommendation regarding a residential care program. The written disclosure must be conspicuous, provided in clear language and include:(a) A description of the residential care referral to be provided by the referral agent, including: (A) The names of all agencies that license the program and the type of licenses the program currently holds.(B) All licensing actions taken against the program or its parent company in the prior 24 months, based on direct inquiry with each agency that licenses the program.(C) The number of substantiated allegations of abuse, deaths and serious injuries at the program in the prior 24 months, based on direct inquiry with each agency that licenses the program or investigates abuse at the program.(D) The program's restraint, seclusion and behavioral management policy.(E) Names, titles and educational background of the leadership team of the program.(F) Day and nighttime staff to student ratio of the program.(G) Whether the program serves youth offenders.(H) Names, titles and educational background of all health care providers who are employees of the program.(I) If the program advertises treatment services, whether the program is regulated as a behavioral health center by its state's health authority.(b) A description of the relationship between the referral agent and the program the agent is making referral to, including: (A) A statement of whether the referral agent provides residential care referrals only to programs with which the agent has an existing contract.(B) A disclosure of all sources of fees, compensation or consideration the referral agent may receive in exchange for making the residential care referral.(c) A description of the referral agent's qualifications and business practices, including:(A) The referral agent's contact information, including address and telephone number.(B) The referral agent's educational background and qualifications.(C) The referral agent's privacy policy.(d) The date of the referral agent's last visit to the facility and whether the visit was in person or a virtual tour as permitted under subsection (2)(b) of this section.(2) A referral agent may not: (a) Refer a client to a residential care program that is not licensed by the agency responsible for licensing child-caring agencies in the state where the program is located.(b) Refer a client to a residential care program unless within the prior 24 months, the agent has personally toured the program or, if the tour occurred during a time when personal tours were prohibited by a federal, state or local emergency declaration, virtually toured the program.(c) Refer a client to a residential care program that has had a restriction, revocation or suspension of its license by any licensing entity within the prior 12 months.(d) Refer a client to an organization or company that offers secure transportation services that is not approved by the state Department of Human Services to accept referrals, under rules adopted by the department.(e) Share a client's placement information with or sell a client's placement information to a program or marketing affiliate without obtaining affirmative consent from the client for each instance of sharing or selling the information.(f) Refer a client to a residential care program in which the referral agent or an immediate family member of the referral agent has an ownership interest.(g) Refer a client to a residential care program that provides any compensation, payment or consideration to the referral agent in exchange for the referral.(h) Contact a client who has requested in writing that the referral agent stop contacting the client.(3) For each residential care program to which the referral agent makes residential care referrals, a referral agent shall provide to a client via a website or written notice: (a) A link to the state agency website listing licensing or abuse complaints concerning the program.(b) Contact information to facilitate reporting of abuse or neglect or licensing violations in the state in which the program is located.(c) Contact information for the law enforcement agency responsible for coverage of the community in which the program is located.(4)(a) A referral agent must include in any contract with a residential care program provisions prohibiting the referral agent from collecting compensation for a referral to a program when the program is a subsequent program as described in this subsection. A program is a subsequent program if: (A) The subject of placement enters a residential care program to which the subject of placement is referred by a first referral agent, but subsequently leaves that program; and(B) A new referral agent refers the subject of placement to the subsequent program.(b) When a residential care referral is made to a subsequent program 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 program that the first referral agent is not entitled to compensation for the referral.(5) A client may bring a cause of action for a violation of this section and may recover actual damages or $750, whichever is greater. The court may award reasonable attorney fees to the prevailing party in an action under this subsection.Amended by 2023 Ch. 9, § 27, eff. 1/1/2024.