Mass. Gen. Laws ch. 19D, sec. 5 — MA Code / Part I / Title II / Chapter 19D / Section 5
Biennial review; initial and for cause reviews; reports
Status: in_force

Section 5. (a) The department or its authorized designee shall biennially review all assisted living residences; provided, however, that an authorized designee shall not include sponsors of assisted living residences. (b) Prior to the issuance of the sponsor's initial certification, the department shall conduct a review to determine whether an assisted living residence is compliant with this chapter; provided, however, that the department may conduct such review of an assisted living residence at any time the department has probable cause to believe that such assisted living residence is in violation of a provision of this chapter or any regulation promulgated thereunder. Such review shall include: (i) an inspection of every part of the common areas of the assisted living residence and the living quarters of a resident with the resident's prior consent; (ii) an examination of the operating plan; (iii) an examination of a resident's service plan and written progress reports with the resident's consent; and (iv) resident satisfaction surveys. An inspector shall have authority to confidentially and privately interview the sponsor, manager, staff and residents. (c) Reviews of assisted living residences certified to provide basic health services shall include an inspection of records associated with the provision of basic health services, a review of residence employee qualifications and the residence's operating plan. (d) Upon the completion of an annual or biennial review, the department shall prepare a written report summarizing all pertinent information obtained during the review and shall not disclose confidential or privileged information obtained in connection with such review. The department shall promulgate rules and regulations necessary to ensure the sponsor receives such report and, if applicable, has the opportunity to respond to and resolve any findings of noncompliance prior to departmental enforcement action. Completed reports, responses and notices of final action shall be made available to the public at the department during business hours together with the responses of the applicants or the sponsors and said reports, responses and notices of final action shall be posted on the website of the department.

Section 5. (a) The department or its authorized designee shall biennially review all assisted living residences; provided, however, that an authorized designee shall not include sponsors of assisted living residences.

(b) Prior to the issuance of the sponsor's initial certification, the department shall conduct a review to determine whether an assisted living residence is compliant with this chapter; provided, however, that the department may conduct such review of an assisted living residence at any time the department has probable cause to believe that such assisted living residence is in violation of a provision of this chapter or any regulation promulgated thereunder. Such review shall include: (i) an inspection of every part of the common areas of the assisted living residence and the living quarters of a resident with the resident's prior consent; (ii) an examination of the operating plan; (iii) an examination of a resident's service plan and written progress reports with the resident's consent; and (iv) resident satisfaction surveys. An inspector shall have authority to confidentially and privately interview the sponsor, manager, staff and residents.

(c) Reviews of assisted living residences certified to provide basic health services shall include an inspection of records associated with the provision of basic health services, a review of residence employee qualifications and the residence's operating plan.

(d) Upon the completion of an annual or biennial review, the department shall prepare a written report summarizing all pertinent information obtained during the review and shall not disclose confidential or privileged information obtained in connection with such review. The department shall promulgate rules and regulations necessary to ensure the sponsor receives such report and, if applicable, has the opportunity to respond to and resolve any findings of noncompliance prior to departmental enforcement action. Completed reports, responses and notices of final action shall be made available to the public at the department during business hours together with the responses of the applicants or the sponsors and said reports, responses and notices of final action shall be posted on the website of the department.