A senior placement agency can cost your family nothing out of pocket, because the referral fee can be paid by the home your parent moves into instead of by you. That's worth knowing before a friendly adviser books three tours for Friday. In Washington, Oregon and Texas, state law makes the agent tell you in writing who pays, and California bars placement agencies from steering anyone to a care home that is neither licensed nor exempt from licensing.app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true,oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html,tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm,California State Legislature. (n.d.). California Health and Safety Code section 1569.47 (California Legislative Information). leginfo.legislature.ca.gov. Retrieved Oct 3, 2026, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1569.47
In This Guide
- What Is a Senior Placement Agency?
- How Do Senior Placement Agencies Get Paid?
- What the Law Makes a Placement Agent Tell You
- Questions to Ask Any Senior Placement Agency
- Check Every Home Yourself
- Other Places to Get Help Finding a Home
- Frequently Asked Questions
- Learn More
What Is a Senior Placement Agency?
You fill in a "find assisted living near me" form, and someone calls you back. That caller may work for a senior placement agency, a business that refers older adults to places to live and get care. You'll also see them called senior living advisers, referral services or placement services.
The law has its own names. Texas's Business and Commerce Code Chapter 121 calls it a "referral agency," an entity that refers consumers to senior living communities "for a fee collected from a consumer or community," and its list of senior living communities includes assisted living, memory care, retirement homes and adult foster care.tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm Oregon's statute, ORS 443.370 to 443.376, uses "referral agent," for someone paid by long term care facilities, including adult foster homes, assisted living and memory care.oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html Washington's term, in chapter 18.330 RCW, is "elder and vulnerable adult referral agency," and Washington's law reaches nursing homes, assisted living, adult family homes and continuing care retirement communities.app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true California's "placement agency," defined in Health and Safety Code section 1569.47, is broader still, and California's definition even includes hospital discharge planners.California State Legislature. (n.d.). California Health and Safety Code section 1569.47 (California Legislative Information). leginfo.legislature.ca.gov. Retrieved Oct 3, 2026, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1569.47
So "senior placement agency" isn't one licensed job title. It's a business model, and the rules around it depend on your state.
How Do Senior Placement Agencies Get Paid?
The short answer: either you pay, or the home pays. And the laws we checked are written with the second case squarely in mind.
- Washington. Washington's disclosure must state the fee the agency gets from you, "if any." If the fee comes from the provider instead, a Washington agency must give "the method of computation of the fee and the time and method of payment," and must tell you the provider's fee amount if you request it.app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true
- Oregon. Oregon's law covers referrals where the agent "receives compensation from the facility." An Oregon agent's written disclosure must state "whether the referral fees for the long term care referral will be paid to the referral agent by the facility."oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html
- Texas. A Texas agency's disclosure must say "whether the consumer or the senior living community to which the consumer is referred is responsible for paying the referral fee." In Texas, a written contract with a community may base the agency's pay on the volume or value of the referrals or business it generates.tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm
None of that makes an adviser dishonest, and a good one can save you real legwork. But it does change what you're looking at. When the home pays, the list you're handed is the agency's list, not the market. Oregon makes the agent say whether it refers "only to facilities with which the agent has an existing contract," and Texas makes the agency state that its list "may not include all communities in the area that meet the consumer's stated preferences and needs."oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html,tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm Both states make the agency put that limit in writing.
What the Law Makes a Placement Agent Tell You
The protections we found are state laws, and they don't match each other. Here are the four states whose statutes we read from the source. Other states may have their own rules, so if you're elsewhere, use the questions in the next section and ask the agency what your state requires.app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true,oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html,tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm,California State Legislature. (n.d.). California Health and Safety Code section 1569.47 (California Legislative Information). leginfo.legislature.ca.gov. Retrieved Oct 3, 2026, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1569.47
| State and law | What the agent must tell you | What the agent can't do | Other protections |
|---|---|---|---|
| Washington (chapter 18.330 RCW) | A dated written disclosure you acknowledge before any referral: its fee, or how a home-paid fee is computed; that you can stop or switch agencies without penalty; its refund policy; how to complain to the attorney general; any ownership interest | Give you only the names of homes it or its staff own | Must check the Washington Department of Social and Health Services (DSHS) website for the home's enforcement status and tell you the findings; partial (per-day) refund if the resident dies, is hospitalized or moves for more appropriate care within the first 30 days; violations fall under the Consumer Protection Act |
| Oregon (ORS 443.370 to 443.376) | A written disclosure before any referral: whether it refers only to contracted homes; whether the home pays its fee; any contract term about your placement information; its contact details and privacy policy | Refer you to a home it or close family owns; share or sell your information without your consent each time; keep contacting you after you ask in writing to stop | Must register with the Oregon Department of Human Services, which says registration isn't an endorsement; a violation is an unlawful practice under ORS 646.608 |
| Texas (Business and Commerce Code Chapter 121) | A written or electronic disclosure at referral: its services; whether you or the community pays; that you can stop at any time without cause or penalty; that its list may not include every fitting community | Refer you to a community it owns, manages or has a financial interest in; hold your power of attorney or property; knowingly refer you to an unlicensed, non-exempt community | Must weigh your preferences and not use cost as the sole factor; must audit each community's license standing; must tell every referred community when you stop using it |
| California (Health and Safety Code section 1569.47) | Section 1569.47 is about where an agency may send someone, not about its fee or ownership | Place, refer or recommend anyone to a care home that isn't a licensed residential care facility for the elderly (RCFE) or exempt; place someone whose needs the home's license can't cover | Each violation is a misdemeanor; agency staff must report suspected unlicensed homes to the California Department of Social Services |
A few details are worth pulling out of that table.
Washington's 30-day refund. In Washington, if your parent dies, is hospitalized or moves to another setting for more appropriate care within the first 30 days after admission, the referral agency must refund a prorated share of its fee, figured per day, to whoever paid it, you or the home.app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true
Oregon's registration threshold. Under Oregon's rules, a referral agent has to register once it takes in $1,000 or more in a calendar year from facilities for referrals.oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html Registration means Oregon knows who the agent is. It doesn't mean the state vouches for the agent's advice.
Texas's law is recent. Texas Business and Commerce Code Chapter 121 took effect June 20, 2025. Texas's law makes the agency disclose who pays, and Washington's law goes further by requiring the fee method and, on request, the amount. Texas also caps the payment window in an agency's contract with a community at 3 years after the referral.tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm,app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true
California covers more than private agencies. California's definition of a placement agency includes county social service departments, public guardians and general acute care hospital discharge planners, along with private referral businesses.California State Legislature. (n.d.). California Health and Safety Code section 1569.47 (California Legislative Information). leginfo.legislature.ca.gov. Retrieved Oct 3, 2026, from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=1569.47 If you're in California, read our guide to California RCFE fees and refunds before you sign anything.
Questions to Ask Any Senior Placement Agency
These questions draw on what Washington, Oregon and Texas make agents disclose. In those states, some of the answers will already be in the agent's written disclosure, though which ones depends on the state. Ask for the rest in writing, and everywhere else, ask for all of them in writing. How an agent responds tells you a lot about who you're dealing with.app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true,oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html,tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm
- Who pays you, and how much? Ask whether the fee comes from us or from the home, and how it's calculated. In Washington you're entitled to the amount if you ask.
- Do you only refer to homes you have contracts with? Then ask how many homes in our area aren't on your list.
- Do you or anyone at your company own, manage or have a financial stake in any home you're suggesting?
- Can we stop using you, or use another agency too, without a penalty or cancellation fee?
- What's your refund policy if the move doesn't work out?
- Is every home on this list licensed, and have you checked its inspection or enforcement record?
- What happens to our information? Ask who you'll share it with and whether you sell it.
- Can I have all of this in writing before you send our name to any home?
A good adviser won't mind any of these. If one does, that's your answer.
Check Every Home Yourself
An agent's shortlist is a starting point, not a verdict. Before you tour, do your own homework.
For assisted living and other residential care, find out whether the home is licensed, then review its survey (inspection) reports and compare them with other homes'. Consumer Voice, a national long-term care consumer group, notes that a licensed facility gives the resident more protections and a place to turn to file a complaint.National Institute on Aging. (n.d.). How To Choose a Nursing Home or Other Long-Term Care Facility (NIH National Institute on Aging). nia.nih.gov. Retrieved Sep 25, 2026, from https://www.nia.nih.gov/health/assisted-living-and-nursing-homes/how-choose-nursing-home-or-other-long-term-care-facility Our step-by-step guide to choosing an assisted living facility walks through where to find those reports and what to read for, and the memory care version does the same for dementia care.
For a nursing home, use Medicare Care Compare. Care Compare's health-inspection star rating is built from onsite state surveys, including the two most recent standard inspections and three years of complaint findings.Centers for Medicare & Medicaid Services. (n.d.). Design for Care Compare Nursing Home Five-Star Quality Rating System: Technical Users' Guide (CMS), Health Inspection Domain. cms.gov. Retrieved Sep 6, 2026, from https://www.cms.gov/medicare/provider-enrollment-and-certification/certificationandcomplianc/downloads/usersguide.pdf Our guides on what the star ratings mean and how to choose a nursing home go deeper.
Other Places to Get Help Finding a Home
You don't have to go through a placement agency at all, and you can use these alongside one.
The Eldercare Locator. Call the Eldercare Locator at 1-800-677-1116 or search eldercare.acl.gov. The Eldercare Locator is a national service of the federal Administration for Community Living, and its operators connect you with your local Area Agency on Aging and other community organizations that serve older adults and caregivers.Administration for Community Living. (n.d.). ACL (Administration for Community Living) — What If I Suspect Abuse, Neglect, or Exploitation?. acl.gov. Retrieved Sep 2, 2026, from https://acl.gov/programs/protection-and-advocacy-systems/what-if-i-suspect-abuse-neglect-or-exploitation Our guide to Area Agencies on Aging explains what yours can do.
Your long-term care ombudsman. Every state has a Long-Term Care Ombudsman program that advocates for people living in nursing homes, assisted living and board and care homes. Anyone can contact the ombudsman program, and its services are free and confidential.Administration for Community Living. (n.d.). Long-Term Care Ombudsman Program (ACL / Administration for Community Living). acl.gov. Retrieved Sep 6, 2026, from https://acl.gov/programs/Protecting-Rights-and-Preventing-Abuse/Long-term-Care-Ombudsman-Program Ombudsman programs also give information about how to find a facility, and ACL points people to a state-by-state directory to reach yours.Administration for Community Living. (n.d.). Long-Term Care Ombudsman Program (ACL / Administration for Community Living). acl.gov. Retrieved Sep 6, 2026, from https://acl.gov/programs/Protecting-Rights-and-Preventing-Abuse/Long-term-Care-Ombudsman-Program Our ombudsman guide covers what they can help with.
If your parent is in the hospital right now, our hospital discharge planning guide explains what the hospital's discharge planner does. And if you'd rather hire a professional to help sort options, a geriatric care manager works with older adults and their families to assess needs, make a care plan and find services in the community; Medicare and Medicaid don't pay for it, so most people pay for some or all of it themselves.eldercare.acl.gov. (n.d.). Eldercare Locator - Administration for Community Living (ACL). Retrieved Aug 7, 2026, from https://eldercare.acl.gov/
Frequently Asked Questions
Do I have to pay a senior placement agency?
Not always, because some agencies are paid by the home instead, so ask before you share your parent's details. In Washington, a referral agency may not charge or accept any fee unless it substantially complies with the state's referral agency law.app.leg.wa.gov. (n.d.). Chapter 18.330 RCW — Elder and vulnerable adult referral agency act (full chapter; Washington State Legislature). Retrieved Oct 3, 2026, from https://app.leg.wa.gov/RCW/default.aspx?cite=18.330&full=true
Can a Texas placement agency charge again if my parent moves within the same community?
Generally not. A Texas referral agency may not collect a referral fee when a resident transfers between properties of the same senior living community, unless the family engaged the agency to help with that transfer and it gave more than one referral. A Texas agency also may not collect a referral fee after the referral expires under its contract with the community.tcss.legis.texas.gov. (2025). Texas Business and Commerce Code, Chapter 121 - Referral Agencies for Senior Living Communities (Secs. 121.001-121.006), added by Acts 2025, 89th Leg., R.S., Ch. 497 (S.B. 1383). Retrieved Oct 14, 2026, from https://tcss.legis.texas.gov/resources/BC/htm/BC.121.htm
Where can I see complaints about a home an Oregon referral agent suggests?
An Oregon referral agent's website must link to a state agency website that lists complaints about facilities. An Oregon agent without a website must tell clients about that state website in writing.oregonlegislature.gov. (n.d.). ORS 443.370 to 443.376 (long term care referral) - Oregon Revised Statutes chapter 443 - Oregon State Legislature. Retrieved Oct 3, 2026, from https://www.oregonlegislature.gov/bills_laws/ors/ors443.html
What if my state isn't one of the four in this guide?
Ask any agency the questions above, get the answers in writing, and check each home's license and inspection record yourself.National Institute on Aging. (n.d.). How To Choose a Nursing Home or Other Long-Term Care Facility (NIH National Institute on Aging). nia.nih.gov. Retrieved Sep 25, 2026, from https://www.nia.nih.gov/health/assisted-living-and-nursing-homes/how-choose-nursing-home-or-other-long-term-care-facility Your state's long-term care ombudsman program can also give you information about how to find a facility.Administration for Community Living. (n.d.). Long-Term Care Ombudsman Program (ACL / Administration for Community Living). acl.gov. Retrieved Sep 6, 2026, from https://acl.gov/programs/Protecting-Rights-and-Preventing-Abuse/Long-term-Care-Ombudsman-Program
Learn More
Find personalized help comparing senior living options and preparing questions for a placement adviser at brevy.com.
The information on Brevy.com is for educational purposes only and is not a substitute for professional legal, financial, or medical advice. Rules vary by state and program and change frequently. Always verify with the relevant agency or a qualified professional. Brevy is not a law firm, financial advisor, or healthcare provider.
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