Payments and Billing

(1) Charges. 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: (a) to fail to itemize in a Clear and Conspicuous manner all bills for Fees, charges, and expenses for the provision of housing, assessments, Resident Services, Personal Care Services, medical services, and additional Services, including enumeration and breakout of the components of all bundled Fees; (b) to impose, seek to impose, or collect a charge related to a Service not proffered or provided to the Resident; (c) to impose, seek to impose, or collect a charge for a service the Resident did not request or agree to receive, outside of an Emergency requiring medically necessary services; (d) to impose, seek to impose, or collect a charge for a Service at a rate other than the rate to which the Resident agreed in their Residency Agreement or any amendment thereto; (e) to increase the price, fee, or charge applicable to a specific Service provided by the Residence without first providing 60 days' notice to all Residents, regardless of whether an individual Resident has agreed to the increase as described in 940 CMR 40.06(d); (f) to enforce a 30-day notice of vacancy policy in the event of the Resident's death. The assisted living residency shall be entitled to Rent and fees for not more than ten days from the date of the Resident's death. If there is personal property to remove that impedes the reuse of the Resident's unit, the ten-day period shall not begin until after the family, estate, or responsible party has removed the deceased person's personal property. If the room is occupied by a new Resident before the expiration of the ten-day period, Rent and fees for the ten-day period shall be prorated from the date of such occupancy; (g) to allow any personnel of the Residence to control or manage any Resident's funds or property, except as provided by 651 CMR 12.04(6)(a)6; (h) to impose any interest or penalty for late payment of Rent unless such payment is more than 30 days overdue; or (i) to fail to provide within seven business days, a response to any request by a Resident, or on behalf of a Resident by an authorized person, for an accounting of any charges for Rent or Services alleged to have been provided, or for any record or ledger of payments made by, or on behalf of, the Resident. (2) Financial Assistance. 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: (a) to refuse to engage in an interactive dialogue with a Resident, Resident Representative (if applicable), or Legal Representative upon the Resident's request to participate as a member in a Senior Care Organization, a PACE program, a Group Adult Foster Care program, or similar health maintenance program, which assists a Resident in obtaining assisted living or other Services from a third-party provider; or (b) to fail to obtain a Resident's written informed consent to have Resident Services, Personal Care Services, home health, medical, or anyother Services provided bythe Assisted Living Residence directly without coverage by Medicare and Medicaid funds, when such Services otherwise may be covered by a third-party provider which is paid by Medicare or Medicaid funds; or (c) to fail to or refuse to cooperate with or otherwise comply with a Resident's request to participate as a member of housing subsidy program in order to assist in payment of their rental housing costs, notwithstanding an Assisted Living Residence's right to refuse to accept a Resident's participation in such a program if the program, either in whole or in part when combined with the Resident's own payments, will not cover the market rate for the provision of rental housing.