Unfair or Deceptive Acts or Practices: General Provisions

(1) It is an unfair or deceptive act or practice in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager or Lessor of an Assisted Living Residence: (a) to fail to comply with any existing state or federal statute, rule or regulation which provides for the protection of health or safety of Residents or prospective residents of Assisted Living Residences, including, but not limited to, the Residents' rights set out in M.G.L. c. 19D and 651 CMR 12.00: Certification Procedures and Standards for Assisted Living Residences; (b) to make or publish, or cause to be published, any false, untrue or deceptive statement or representation or any statement or representation that has the tendency or capacity to mislead or deceive Residents, prospective Residents or any other person, by way of advertising or otherwise concerning the Residence or the character, nature, quality or value of services provided to Residents; (c) to fail or refuse to inform the Resident that the Attorney General has promulgated consumer protection regulations relating to Assisted Living Residences. Such disclosure shall be made both orally and in writing at the start of the Resident's tenancy in Clear and Conspicuous type, in a language the Resident understands; or (d) to fail or refuse to furnish a copy of 940 CMR 40.00 printed in Clear and Conspicuous type. For new Residents, such disclosures shall be made at the start of the Resident's tenancy at the Assisted Living Residence; disclosure to each Resident shall also be made annually thereafter and at any time the Resident makes a reasonable request for 940 CMR 40.00; in the case of a Resident adjudged incompetent, the facility may satisfy the requirements of these regulations by making a reasonable effort to inform the Resident of their rights under 940 CMR 40.00 and by satisfying the requirements pertaining to notification of their Legal Representative. (2) Misrepresentations. In connection with any Advertising or marketing, solicitation or rental of a Unit in an Assisted Living Residence, the following shall constitute an unfair and deceptive practice under M.G.L. c. 93A, § 2(a): (a) Misrepresenting, or failing to disclose Clearly and Conspicuously, the actual Total Cost of any Fee, Service, or Rent at the time of the initial presentation of the price, or any subsequent presentation thereafter; (b) misrepresenting the licensure, certification, training or qualification of anyone providing services to Residents; (c) misrepresenting or failing to disclose the actual Services or amenities offered to Residents, including but not limited to, activities, social outings, dining or nutritional options, transportation services, grounds, physical space, location, Resident services, Personal Care Services, or optional services, including Basic Health Services available to Residents; or (d) misrepresenting or failing to disclose the staffing levels of an Assisted Living Residence in accordance with 651 CMR 12.08(3)(b), whether in total or for a specific time period or shift, by, among other things, counting part-time employees in the same manner as full-time employees, or including staff who do not provide Services directly to Residents.