Can I offer a referral program for my customers in Washington? What are the requirements?

Referral Program Requirements in Washington State

Yes, you can offer a referral program for your customers in Washington State. However, you must comply with the requirements set forth in WARC 18.330.050 and WARC 18.330.040.

Disclosure Statement

According to WARC 18.330.050, an agency must provide a disclosure statement to each client prior to making a referral. The disclosure statement must be acknowledged by the client prior to the referral, and the agency shall retain a copy of the disclosure statement and acknowledgment. The disclosure statement must contain the following information:

• The name, address, and telephone number of the agency;
• The name of the client;
• The amount of the fee to be received from the client, if any;
• A clear description of the services provided by the agency in general, and to be provided specifically for the client;
• A provision stating that the agency may not require or request clients to sign waivers of potential liability for losses of personal property or injury, or to sign waivers of any rights of the client established in state or federal law;
• A provision stating that the agency works with both the client and the care services or supportive housing provider in the same transaction, and an explanation that the agency will need the client’s authorization to obtain or disclose confidential health care information;
• A statement indicating the frequency on which the agency regularly tours provider facilities, and that, at the time of referral, the agency will inform the client in writing or by electronic means if the agency has toured the referred supportive housing provider or providers, and if so, the most recent date that tour took place;
• A provision stating that the client may, without cause, stop using the agency or switch to another agency without penalty or cancellation fee to the client;
• An explanation of the agency’s refund of fees policy, which must be consistent with RCW 18.330.090;
• A statement that the client may file a complaint with the attorney general’s office for violations of this chapter, including the name, address, and telephone number of the consumer protection division of that office; and
• If the agency or its personnel who are directly involved in providing referrals to clients, including the personnel’s immediate family members, have an ownership interest in the supportive housing or care services to which the client is given a referral, a provision stating that the agency or such personnel or their immediate family members have an ownership interest in the supportive housing or care services to which the client is given referral services, and, if such ownership interest exists, an explanation of that interest.

Referral Records

Additionally, according to WARC 18.330.040, each agency must keep records of all referrals rendered to or on behalf of clients. These records must contain:

• The name of the vulnerable adult, and the address and phone number of the client or the client’s representative, if any;
• The kind of supportive housing or care services for which referral was sought;
• The location of the care services or supportive housing referred to the client and probable duration, if known;
• The monthly or unit cost of the supportive housing or care services, if known;
• If applicable, the amount of the agency’s fee to the client or to the provider;
• If applicable, the dates and amounts of refund of the agency’s fee, if any, and reason for such refund; and
• A copy of the client’s disclosure and intake forms described in RCW 18.330.050 and 18.330.060.

Conclusion

To offer a referral program for your customers in Washington State, you must provide a disclosure statement to each client prior to making a referral. The disclosure statement must contain specific information, as outlined in WARC 18.330.050. Additionally, you must keep records of all referrals rendered to or on behalf of clients, as outlined in WARC 18.330.040.

Jurisdiction

Washington

• General