Washington Referral Agency Act Compliance Resource

Informal referrals can still create legal obligations

ASRPWA is seeing increased concern about individuals and companies making senior housing and care referrals without understanding Washington’s Referral Agency Act.

Some of these arrangements may start informally. A realtor, in home care company, insurance professional, marketer, or community partner may learn that referrals can generate significant compensation and begin sharing leads or recommending providers as a side service.

The concern is not only legal compliance. When referrals are made without proper intake, disclosures, provider review, documentation, and conflict of interest safeguards, vulnerable adults and their families may not receive the protection they deserve. It can also damage the reputation of professional referral agencies that follow the law and maintain ethical standards.

This page is meant for two audiences:

  1. Senior referral professionals who need a clear resource to share when they see questionable referral activity.

  2. Referral partners who may not realize that paid senior housing or care referrals can trigger legal requirements.

This page is for general education only and is not legal advice. Organizations should review the law directly and consult legal counsel about their own referral practices and agreements.

Download the compliance notice letter

This letter may be used as a professional outreach tool when an individual or organization appears to be making vulnerable adult housing or care referrals without understanding Washington’s referral agency requirements.

Could this apply to you?

Review the Referral Agency Act before you:

  • Give families the names of specific senior housing or care providers

  • Share prospective resident or client names with providers

  • Accept a referral fee, lead fee, placement fee, marketing fee, commission, or other value connected to a referral

  • Get paid when someone moves into senior housing or begins care services

  • Make senior housing or care referrals as a side service

The name of the payment does not determine whether the law applies. A payment described as a marketing fee, lead fee, business development fee, referral fee, or commission may still raise compliance concerns if it is connected to a specific senior housing or care referral.

Before accepting or paying referral compensation

Ask these questions first:

  1. Is a vulnerable adult being referred to a specific housing or care provider?

  2. Is anyone receiving money or anything else of value because of the referral?

  3. Has the client received the required disclosure before the referral?

  4. Has an intake been completed?

  5. Has provider information been collected and kept current?

  6. Has the provider’s enforcement status been reviewed?

  7. Are conflicts of interest clearly disclosed?

  8. Are referral records being kept?

  9. Have background check and mandated reporter requirements been reviewed?

  10. Has legal counsel reviewed the agreement?

For senior referral professionals

When you see referral activity that may not comply with Washington law, this page and notice letter can be shared as a professional education and compliance outreach tool.

The goal is to protect vulnerable adults, encourage transparency, and support ethical referral practices in Washington.