Resident Rights

(1) Initial Meeting. 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 inform a prospective Resident of their right to be accompanied by a Legal Representative or other adviser prior to scheduling a formal meeting; (b) to fail to provide during the first meeting with a prospective Resident as part of the application, admission or leasing process, the consumer guide and disclosure of rights and services required by 651 CMR 12.08(3) which incorporates the provisions of 651 CMR 12.08(1); or (c) to include, as part of the application, admission, or leasing process, any documents printed in less than 14-point type, and in a language other than one which the prospective Resident understands. (2) Initial Assessment. 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 conduct an initial screening and assessment with each Resident as required by 651 CMR 12.04(7), or (b) to fail to complete an individualized service plan for each Resident upon entry and to update the plan, as required by 651 CMR 12.04(8). (3) Conditions of Admission. 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 require a Resident or a prospective Resident, or their Legal Representative, as a condition for admission, expedited admission, or continued stay in the Assisted Living Residence, to agree to treatment by a physician chosen by the facility or otherwise to limit the Resident's right to choose the Resident's attending physician including by charging the Resident additional fees to see the physician of their choosing; (b) to require a Resident or a prospective Resident, or their Legal Representative, as a condition of admission, expedited admission, or continued stay in the facility, to purchase medications at or from a pharmacy chosen by the facility, or to otherwise limit the Resident's right to select a pharmacy of the Resident's choice including by charging the Resident additional fees to use the pharmacy of their choosing; (c) to require a Resident or a prospective Resident, their Legal Representative, as a condition for admission, expedited admission, or continued stay in the Assisted Living Residence, to agree to receive Basic Health Services from a third-party chosen by the Residence or otherwise to limit the Resident's right to choose who provides the Resident's Basic Health Services; (d) to require a Resident or a prospective Resident, or their Legal Representative, as a condition for admission, expedited admission, or continued stay in the Assisted Living Residence, to agree to waive or limit the Assisted Living Residence's liability for loss of personal property or any injury, financial, personal, or otherwise, suffered as a result of actions on the part of the Assisted Living Residence or of the Assisted Living Residence's employees or agents; (e) to require a Resident or a prospective Resident, or their Legal Representative, as a condition for admission, expedited admission, or continued stay in the Assisted Living Residence, to agree to pay attorney's fees, incurred in collecting payment from the Resident or in seeking their removal from the Assisted Living Residence; or (f) to require a Resident or a prospective Resident, or their Legal Representative, as a condition of initial or continued occupancy to provide a third-party guarantee of payment to the Assisted Living Residence, notwithstanding an Assisted Living Residence's right to refuse occupancy to a prospective Resident who cannot provide verification of sufficient income, benefits, and/or assets to payfor all monthlycharges. Anyguarantee must be strictly voluntary. (4) Facility Operations. 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 provide a Resident with a Residency Agreement and disclosure statement that includes all material terms required of Resident Agreement relating to staffing, policies and procedures for Self-administered Medication Management, the role of the nurse(s) (RNs and LPNs) employed by the Assisted Living Residence, a copy of the instruction to Residents in the Residence's Disaster and Emergency Preparedness Plan, and other Resident Rights as set forth in 651 CMR 12.08(3). (5) Provision of Services. 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: (a) to provide all services included in a Resident's individual service plan; (b) to comply with any corrective actions ordered by EOAI, or orders issued by any other government agency with authority over the Assisted Living Residence; (c) to allow any duly designated officer or employee of EOAI access to the Assisted Living Residence to inspect at any time without prior notice any Unit within an Assisted Living Residence, with the permission of the Resident; or (d) to assist the Long-term Care Ombudsman Program in its duties as required by 101 CMR 30.00: Statewide Long-term Care Ombudsman Program and 651 CMR 12.04(10). (6) Safety and Quality Standards. 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 establish and maintain a Quality Assurance and Performance Improvement program to evaluate its operations and services as required by 651 CMR 12.04(11); (b) to fail to comply with the requirements of 651 CMR 12.04 through 12:07; (c) to fail to implement a plan to prevent and limit the spread of communicable disease as required by 651 CMR 12.04(13); or (d) to fail to provide a Resident or, if applicable, the Resident's Legal Representative, upon reasonable request, with the most recent copy of any reports, responses and notices of final action that resulted from an annual or biennial review conducted by EOAI. (7) Basic Health Services. 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 report an incident involving Basic Health Services that causes a Resident harm at the Assisted Living Residence to EOAI not later than 24 hours after said incident. (8) Retaliation. 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 retaliate against a Resident or staff member for reporting or pursuing legal actions against the Assisted Living Residence for any violations of the sanitary code, EOAI regulations, elder abuse, or any other law or regulation which has the purpose of protecting older adults or Residents of an Assisted Living Residence. (9) Special Care Residences. 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 meet Special Care requirements as described in 651 CMR 12.04(5).