Privacy and Other Personal Rights

(1) Visitation. 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 refuse to permit Resident visitation from family, friends, social, legal, or medical supports, a duly appointed designee of the Long-term Care Ombudsman, or other guests of a Resident's choice, unless such visitation would endanger the safety of Residents and staff and the Residence documents any such safety concern. (2) Abuse. 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 or refuse to effectuate the right of any Resident to be free from verbal, sexual, physical and mental abuse, corporal punishment, and/or involuntary seclusion; (b) to fail or refuse to effectuate the right of any Resident to be free from discrimination or harassment on the basis of a status protected by state or federal law; (c) to fail or refuse to effectuate the right of any Resident to be free from any physical or chemical restraints, except in accordance with state and federal law; (d) to administer or permit the administration of any anti-psychotic drug without a Resident's clear informed consent or to any Resident who has been adjudged incapacitated in making treatment decisions other than pursuant to a court-ordered substituted judgment establishing a treatment plan in accordance with the standards set forth in Rogers v. Commissioner of Department of Mental Health, 390 Mass. 489 (1983), subsequent case law, and relevant DPH guidance; or (e) to fail or refuse to ensure that alleged violations involving mistreatment, neglect or abuse, including injuries of unknown source and/or misappropriation of Resident property, are reported immediately to the Manager of the Assisted Living Residence and within 24 hours to EOAI and other officials in accordance with state law. (3) Privacy. 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 or refuse to assure a Resident's privacy during the provision of assisted living services, including but not limited to bathing, dressing and toileting, Basic Health Services, or any other Services provided by the Assisted Living Residence. (b) to fail or refuse to assure a Resident's privacy within their Unit, subject to rules of the Assisted Living Residence which are reasonably designed to promote the health, safety and welfare of Residents; or (c) to enter a Resident's unit, without the Resident's permission or without a legitimate purpose related to the operation of the Assisted Living Residence. (4) Records. 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 or refuse to permit a Resident and the Resident's Representative, or their Legal Representative, upon an oral or written request, to access within 24 hours all records pertaining to any services provided by the Assisted Living Residence or its contractors to the Resident; (b) to fail or refuse to provide a Resident and the Resident's Representative (if applicable), or their Legal Representative with a copy of all records pertaining to any services provided by the Assisted Living Residence or its contractors to the Resident within two business days of a Resident's request; (c) to release a Resident's Personal Information to any individual outside the Assisted Living Residence without the prior written authorization of the Resident and Resident's Representative (if applicable), or their Legal Representative, except to the extent necessary to protect the health or safety of a Resident, guest, or staff member from an urgent threat or as required by state law or regulation. (5) Emergencies. 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 or refuse to immediately inform the Resident and the Resident Representative or health care agent (if applicable), and the Legal Representative, if there is: (a) an accident involving the Resident which results in injury and has the potential for requiring physician intervention; (b) a significant change in the Resident's physical, mental or psychosocial status (e.g., a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications); or (c) a need to alter the service plan significantly (e.g. , a need to discontinue an existing Service, or to augment Services, including by providing or altering the provision of Basic Health Services, as may or may not be offered by the Assisted Living Residence). (6) Grievances. 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: (a) fail or refuse to permit a Resident to present grievances free from restraint, interference or coercion, discrimination or reprisal, on both their own behalf or on behalf of others, to the facility's staff, to government officials including, but not limited to, a representative of the EOAI or a duly appointed designee of the Long-term Care Ombudsman, if applicable, or to any other person; or (b) fail to take prompt action to resolve any grievance presented by a Resident or their legal representative, or to fail to respond promptly, to the extent possible, to all requests or inquiries made by a Resident, their legal representative, or a duly appointed designee of the State Long-term Care Ombudsman.