Mass. Gen. Laws ch. 19D, sec. 10 — MA Code / Part I / Title II / Chapter 19D / Section 10
Services for residents
Status: in_force

Section 10. (a) The sponsor of the assisted living residence shall provide or arrange for the provision of the following: (1) Opportunities for socializing and access to community resources. (2) For all residents whose service plans so specify, such services, supervision of and assistance with activities of daily living including, at a minimum, assistance with bathing, dressing and ambulation. (3) Up to three meals daily. (4) Housekeeping. (5) For all residents whose service plans so specify, self-administered medication management by personnel meeting standards for professional qualifications and training set forth in the regulations. (6) Ability to provide timely assistance to residents and to respond to urgent or emergency needs, by the presence of twenty-four hour per day on-site staff capability, by the provision of personal emergency response devices for all residents or similar means for the purpose of signaling such staff, and by such other means as the department may deem necessary for each assisted living residence, taking into account the service plans of its residents. (7) Laundry services at a fee if necessary. (b) The sponsor of the assisted living residence may provide or arrange for the provision of additional services, including: (i) barber and beauty services, sundries for personal consumption and other amenities; (ii) local transportation for medical and recreational purposes; (iii) assistance with and supervision of instrumental activities of daily living; (iv) assistance to residents with accessing telehealth services; (v) basic health services for residents whose service plan includes basic health services, in accordance with the requirements set forth within this chapter, by personnel who meet standards for professional qualifications and training set forth in regulations promulgated pursuant to this chapter; and (vi) ancillary services for health-related care including, but not limited to, restorative therapies, podiatry, hospice care, home health or other such services; provided, however, that such services shall be delivered by an individual licensed to provide such care. (c) No employee of an assisted living residence shall control or manage the funds or property of an assisted living resident; provided, however, that if a resident is unable to manage their funds or property, the assisted living residence shall arrange money management and other financial arrangements with an independent party. (d) A residence certified to provide basic health services may advertise, market and otherwise promote offered services under this chapter and inform residents of the option to directly procure such services from qualified third parties. (e) The residence shall disclose to each resident through the assisted living residence's residency agreement the fees associated with basic health services and shall review such fees with the resident upon the implementation of and any revision to a service plan that includes provision of basic health services. The residence shall notify residents of any changes in fees in advance and in a timely manner. Residents who receive basic health services shall receive an additional service plan review on a quarterly basis and shall have the opportunity to discontinue receiving basic health services from the residence upon written notice to the residence and shall not be charged a cancellation fee or a fee for services not provided due to discontinuation of the services. (f) The department, in consultation with the department of public health, shall promulgate regulations governing the application, criteria for approval or disapproval of such application, and ongoing oversight of residences that elect to offer basic health services authorized in this section. The department may impose an annual fee on assisted living residences that offer basic health services. (g) To ensure patient safety and clinical competence in the application of subsections (d) to (f), inclusive, the department and the department of public health shall establish operating plan requirements for residences that opt to provide basic health services, including staff access to a licensed practical nurse or registered nurse for consultation at all times; provided, however, that the nurse shall not be required to be on the premises. The department shall make available electronic copies of the required components of operating plans on the department's website and shall conduct annual compliance reviews on the documentation created and maintained by assisted living residences for an assisted living resident who received basic health services within the previous 12–month period. (h) No residence shall offer or provide basic health services without first being certified by the department. If the department determines that a residence is offering basic health services without certification, the department shall issue a fine of not more than $1,000 per day. (i) A residence shall report an incident involving basic health services that causes a resident harm at the residence not later than 24 hours of said incident. The department shall investigate said incidents and may, at the department's discretion, impose a fine or otherwise take an enforcement action if the department determines that the basic health services resulted in injury to a resident. (j) The department shall establish criteria to evaluate the quality of basic health services offered by a residence and shall annually publish its evaluation of residences on the department's website. Such evaluation shall include history of incidents leading to an enforcement action by the department pursuant to subsection (i).

Section 10. (a) The sponsor of the assisted living residence shall provide or arrange for the provision of the following:

(1) Opportunities for socializing and access to community resources.

(2) For all residents whose service plans so specify, such services, supervision of and assistance with activities of daily living including, at a minimum, assistance with bathing, dressing and ambulation.

(3) Up to three meals daily.

(4) Housekeeping.

(5) For all residents whose service plans so specify, self-administered medication management by personnel meeting standards for professional qualifications and training set forth in the regulations.

(6) Ability to provide timely assistance to residents and to respond to urgent or emergency needs, by the presence of twenty-four hour per day on-site staff capability, by the provision of personal emergency response devices for all residents or similar means for the purpose of signaling such staff, and by such other means as the department may deem necessary for each assisted living residence, taking into account the service plans of its residents.

(7) Laundry services at a fee if necessary.

(b) The sponsor of the assisted living residence may provide or arrange for the provision of additional services, including: (i) barber and beauty services, sundries for personal consumption and other amenities; (ii) local transportation for medical and recreational purposes; (iii) assistance with and supervision of instrumental activities of daily living; (iv) assistance to residents with accessing telehealth services; (v) basic health services for residents whose service plan includes basic health services, in accordance with the requirements set forth within this chapter, by personnel who meet standards for professional qualifications and training set forth in regulations promulgated pursuant to this chapter; and (vi) ancillary services for health-related care including, but not limited to, restorative therapies, podiatry, hospice care, home health or other such services; provided, however, that such services shall be delivered by an individual licensed to provide such care.

(c) No employee of an assisted living residence shall control or manage the funds or property of an assisted living resident; provided, however, that if a resident is unable to manage their funds or property, the assisted living residence shall arrange money management and other financial arrangements with an independent party.

(d) A residence certified to provide basic health services may advertise, market and otherwise promote offered services under this chapter and inform residents of the option to directly procure such services from qualified third parties.

(e) The residence shall disclose to each resident through the assisted living residence's residency agreement the fees associated with basic health services and shall review such fees with the resident upon the implementation of and any revision to a service plan that includes provision of basic health services. The residence shall notify residents of any changes in fees in advance and in a timely manner. Residents who receive basic health services shall receive an additional service plan review on a quarterly basis and shall have the opportunity to discontinue receiving basic health services from the residence upon written notice to the residence and shall not be charged a cancellation fee or a fee for services not provided due to discontinuation of the services.

(f) The department, in consultation with the department of public health, shall promulgate regulations governing the application, criteria for approval or disapproval of such application, and ongoing oversight of residences that elect to offer basic health services authorized in this section. The department may impose an annual fee on assisted living residences that offer basic health services.

(g) To ensure patient safety and clinical competence in the application of subsections (d) to (f), inclusive, the department and the department of public health shall establish operating plan requirements for residences that opt to provide basic health services, including staff access to a licensed practical nurse or registered nurse for consultation at all times; provided, however, that the nurse shall not be required to be on the premises. The department shall make available electronic copies of the required components of operating plans on the department's website and shall conduct annual compliance reviews on the documentation created and maintained by assisted living residences for an assisted living resident who received basic health services within the previous 12–month period.

(h) No residence shall offer or provide basic health services without first being certified by the department. If the department determines that a residence is offering basic health services without certification, the department shall issue a fine of not more than $1,000 per day.

(i) A residence shall report an incident involving basic health services that causes a resident harm at the residence not later than 24 hours of said incident. The department shall investigate said incidents and may, at the department's discretion, impose a fine or otherwise take an enforcement action if the department determines that the basic health services resulted in injury to a resident.

(j) The department shall establish criteria to evaluate the quality of basic health services offered by a residence and shall annually publish its evaluation of residences on the department's website. Such evaluation shall include history of incidents leading to an enforcement action by the department pursuant to subsection (i).