Disclosures

(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 and Assisted Living Residence: (a) to fail to include any information required by state or federal law or statute in a Resident's Residency Agreement, disclosure statements or other residency documents; (b) to fail to provide any Resident with copies, upon request, of all policies, rules or regulations of the Assisted Living Residence which apply to the conduct of the Resident as a Resident of the Assisted Living Residence, as well as policies describing or setting forth the obligations of the Assisted Living Residence and the Resident regarding the delivery of goods or services to the Resident; or (c) to fail to meet the reporting requirements of 651 CMR 12.04(14). (2) 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 and Assisted Living Residence: (a) to fail to disclose in Clear and Conspicuous writing, at the start of a Resident's tenancy, that, if a resident's income is insufficient to pay for the full amount of their monthly charges, and, if at any time the resident does not have sufficient access to other sources of funding, whether through family, personal assets, or otherwise, to paythe full amount of their monthly charges, and, as a result, the Resident fails to pay their Rent, the Resident could be subject to eviction proceedings and no longer remain a Resident at the Assisted Living Residence; or (b) to fail to inform a Resident or an authorized Representative of the Resident, directly and through posting in a conspicuous location, the name and contact information of the Long-term Care Ombudsman office and the telephone number of the Elder Abuse Hotline. (3) It is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a legal entity or person to fail to make any disclosure to the EOAI as required during the application for Certification of an Assisted Living Residence as detailed in 651 CMR 12:03(2) and M.G.L. c. 19D. (4) If an Assisted Living Residence allows non-Residents to use any of its facilities, such as a swimming pool, gymnasium or other meeting or function room, it is an unfair or deceptive act in violation of M.G.L. c. 93A, § 2(a) for a Sponsor, Owner, Operator, Manager, or Lessor of an Assisted Living Residence to fail to disclose the fact of such usage to Residents prior to a Resident's signing of a Residency Agreement. Said disclosure shall: inform Residents of the existence of non-regulated programming on-site; disclose the amount of interaction or shared use of the facilities; and describe any resultant impact on Residence staffing. (5) If an Assisted Living Residence contains a Special Care Unit or is a Special Care Residence, the Residence shall provide a written disclosure statement to the Resident and Resident Representative (if applicable), or Legal Representative describing its special care philosophyand mission and explaining how it implements this philosophy and achieves the stated mission and the licensure, certification, training, or qualification of anyone providing services to Residents in such unit.