reglab/housing_qa huggingface dataset:
MA Gen L ch 19c § 11 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19c - Disabled Persons Protection Commission|Section 11 - Retaliation for Reporting Abuse

Section 11. No person shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against or thereafter take any other retaliatory action against any employee, client or other person for filing a report with the commission or testifying in any commission proceeding or providing information to the commission, the general counsel or the secretary of health and human services or any department, office, commission or other agency within the executive office of health and human services in the course of an investigation of alleged abuse of a disabled person. Any person who willfully violates this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 1 year, or both. In addition, any person who takes such prohibited action against an employee, client or other person may be liable to that employee, client or other person for treble damages, costs and attorney's fees.  A violation of an employee's rights under this section shall constitute a prohibited retaliatory action under subsection (b) of section 185 of chapter 149 if the employee is an employee for purposes of said section 185. The institution of a private action in accordance with this section by any such employee shall be deemed a waiver by the employee of the rights and remedies available to that employee under said section 185, and the institution of such an action under said section 185 shall be deemed a waiver of the rights and remedies available to that employee under this section. A person who willfully files a false report of abuse with the commission or willfully testifies falsely or willfully provides the commission or any designated investigating agency with false information in the course of an investigation or any other commission proceeding shall not be afforded the protections of this section.  Upon receiving a report or other information pursuant to this section, the commission shall inform the person providing the report, testifying or providing information of that person's rights under this section and under section 185 of chapter 149 in writing. The commission may seek enforcement of the criminal provisions of this section.
MA Gen L ch 19c § 12 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19c - Disabled Persons Protection Commission|Section 12 - Scope of Chapter; Delay or Deferral of Investigation

Section 12. Nothing in this chapter shall be construed to be a limitation of the powers and responsibilities assigned by law to other departments or agencies, nor shall this chapter be construed to relieve any such department or agency of its obligations to investigate and respond appropriately to alleged incidents of abuse. If the commission determines that a formal investigation under section eight, or an investigation under sections four and five, would duplicate or interfere with an ongoing investigation by law enforcement officials concerning possible criminal conduct arising out of the same conduct, it may, in consultation with the secretary of health and human services, delay or defer such formal investigation. The commission may, in consultation with the secretary of health and human services, delay or defer a formal investigation during the pendency of an investigation of the alleged abuse by the state agency at whose facility or program such abuse was alleged to have occurred. Such investigations may be delayed or deferred by the commission only after it has determined: that the health and the safety of clients of state agencies will not be adversely affected thereby; that the commission's ability to conduct a later investigation will not be unreasonably impaired and that the investigation of the incident by another official or agency will be conducted in good faith by an impartial, qualified investigator. The commission shall monitor the progress of such other investigations in order to determine when or whether the commission's investigation of the alleged incident of abuse should be initiated or resumed.
MA Gen L ch 19c § 13 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19c - Disabled Persons Protection Commission|Section 13 - Notification by Caretaker Agency of Death of Disabled Person; Written Report

Section 13. Upon the death of any disabled person whose caretaker was a state agency or an agency of any subdivision of the commonwealth or a private agency contracting with the commonwealth, said caretaker agency shall immediately orally notify the commission and local law enforcement officials of such death, and shall forward to the commission and local law enforcement officials a written report of such death within twenty-four hours of the death. Said report shall contain the name of the disabled person, the name of the facility in which that person resided, and the facts and circumstances of the death. The commission shall take all appropriate measures regarding the report pursuant to its authority under this chapter, including investigating the death, and shall determine whether the cause of death is related to abuse. If it is determined that the death is related to abuse, the commission shall conduct further investigation, or shall oversee further investigation, pursuant to the provisions of this chapter.
MA Gen L ch 19c § 14 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19c - Disabled Persons Protection Commission|Section 14 - Reporting of Animal Cruelty, Abuse or Neglect

Section 14. (a) During any investigation or evaluation reported under section 5, any investigator designated by the commission, the general counsel, or a department within the executive office of health and human services, when acting in his or her professional capacity or within the scope of his or her employment, who has knowledge of or observes an animal whom he or she knows or reasonably suspects has been the victim of animal cruelty, abuse or neglect, may report the known or suspected animal cruelty, abuse or neglect to the entities that investigate reports of animal cruelty, abuse or neglect, as described in section 57 of chapter 22C, or any local animal control authority.  (b) The report may be made within 2 working days of receiving the information concerning the animal, by facsimile transmission or a written report or by telephone. In cases where an immediate response may be necessary in order to protect the health and safety of the animal, the report should be made by telephone as soon as possible.  (c) When 2 or more investigators are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse or neglect, and where there is agreement among them, a report may be made by 1 person by mutual agreement. Any reporter who has knowledge that the person designated to report has failed to do so may thereafter make the report.  (d) No person making such report shall be liable in any civil or criminal action by reason of such report if it was made in good faith. Any applicable privilege that relates to confidential communications made to the commission shall not prohibit the filing of a report pursuant to this section.  (e) Nothing in this section shall impose a duty on the commission to investigate known or reasonably suspected animal cruelty, abuse or neglect.  (f) Nothing in this section shall prevent the commission from entering into an agreement, contract or memorandum of understanding with the entities that investigate reports of animal cruelty, abuse or neglect as described in section 57 of chapter 22C, to require such reports or to engage in training in identification and reporting of animal abuse, cruelty and neglect.
MA Gen L ch 19d § 2 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 2 - Sponsor Duties

Section 2. Every sponsor of an assisted living residence shall:  (i) obtain and maintain certification as provided in sections three and four;  (ii) be subject to oversight as provided in section 16CC of chapter 6A and section 5;  (iii) afford residents the rights set forth in section nine;  (iv) provide self-administered medication management as set forth in section ten;  (v) provide services to residents in accordance with service plans developed through a process by which staff of the residence discuss the service plan and the needs of the resident with the resident and his representative or designee in such a way that the consequences of a decision, including any inherent risk, are understood by all parties and reviewed periodically in conjunction with the service plan, taking into account changes in the resident's status and the ability of the residence to respond accordingly, and as set forth in section twelve;  (vi) coordinate and provide personal services and other services required under service plans as set forth in section twelve;  (vii) maintain a written progress report on each person who receives such services which describes the type, amount, duration, scope, and outcome of services that are rendered and the general status of the resident's health;  (viii) enter into a residency agreement with each resident as set forth in section fourteen; and  (ix) meet the minimum management and staffing qualifications as set forth in section fifteen.
MA Gen L ch 19d § 3 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 3 - Certification of Assisted Living Residences; Exemptions

Section 3. Assisted Living Residences to be Certified; Exemptions. No person shall advertise, operate or maintain an assisted living residence without the certification required by this chapter, including assisted living residences sponsored by the following entities; provided, however, that the provisions of this chapter shall not apply to such entities for the original facilities and services for which said entities were originally licensed or organized to provide:  (1) convalescent homes, nursing homes, rest homes, charitable homes for the aged or intermediate care facilities for persons with an intellectual disability licensed pursuant to section seventy-one of chapter one hundred and eleven;  (2) hospices licensed pursuant to the provisions of section fifty-seven D of chapter one hundred and eleven;  (3) facilities providing continuing care to residents as defined by section seventy-six of chapter ninety-three;  (4) congregate housing authorized by section thirty-nine of chapter one hundred and twenty-one B;  (5) group homes operating under contract with the department of mental health or the department of developmental services; or  (6) housing operated for only those duly ordained priests, or for the members of the religious orders of the Roman Catholic church in their own locations, buildings, residences or headquarters to provide care, shelter, treatment and medical assistance for any of the said duly ordained priests or members of the said religious orders.  The provisions of this chapter shall not apply to elderly housing.
MA Gen L ch 19d § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 5 - Biennial Review

Section 5. (a) The department or its authorized designee, shall make or cause to be made at least a biennial review of all assisted living residences. Said authorized designees shall not be sponsors of assisted living residences, and may include, but shall not be limited to, a non-profit agency, one or more home care corporations as defined in clause (c) of section four of chapter nineteen A of the General Laws, a combination of such home care corporations as determined by the department or a separate state agency. A review shall also be conducted prior to the issuance of the sponsor's initial certification, and may be conducted at any time the department has probable cause to believe that an assisted living residence is in violation of a regulation or provision of this chapter. The purpose of such reviews shall be to determine whether the assisted living residence is in compliance with the provisions of this chapter and the department's regulations. A review shall include an inspection of every part of the common areas of the assisted living residence and the living quarters of any resident, but only with the resident's prior consent, and an examination of the operating plan and any resident's service plan and written progress reports, but only with the resident's consent. Said review shall also include resident satisfaction surveys. An inspector shall have authority to interview the sponsor, manager, staff and residents. Interviews with residents shall be confidential and conducted privately.  (b) Whenever a review is conducted, the department shall prepare a written report summarizing all pertinent information obtained during the review and shall not disclose confidential, private, proprietary or privileged information obtained in connection with such review. If the department finds that the applicant or the sponsor is in compliance with this chapter and applicable regulations, a copy of the report shall be mailed to the applicant or the sponsor within ten days after the review of the assisted living residence. If the department finds that the applicant or the sponsor is not in compliance with this chapter or regulations, a copy of the report shall be delivered to the sponsor together with a notice describing such noncompliance with particularity within ten days after completion of the review of the assisted living residence. The applicant or the sponsor shall have the right to submit a written response to such notice within ten days after receipt thereof. The department shall establish an administrative procedure by regulation for resolving disputes regarding findings prior to final departmental action. All completed reports, responses and notices of final action may be made available to the public at the department during business hours together with the responses of the applicants or the sponsors thereto.
MA Gen L ch 19d § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 6 - Denial, Suspension or Revocation of Certification

Section 6. The department may deny, suspend or revoke a certification in any case in which it finds there has been a failure or refusal to comply with the requirements established under this chapter or the regulations promulgated thereunder. Notice of denial, revocation, suspension or modification and the sponsor's or applicant's right to an adjudicatory proceeding shall be governed by the provisions of chapter thirty A.
MA Gen L ch 19d § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 8 - Operating Without Certification; Penalty

Section 8. (a) Any person operating an assisted living residence without certification under this chapter shall be subject to liability for a civil penalty of not more than five hundred dollars for each day of such violation assessable by the superior court. Any such violation also shall constitute grounds for refusing to grant or renew, modifying or revoking the certification of the assisted living residence or of any part thereof. Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the commonwealth for an injunction or other process against any person to restrain or prevent the operation of an assisted living residence without certification under this chapter.  (b) No person shall knowingly refer an individual for residency to an uncertified assisted living residence. Any person who violates this subsection shall be subject to a civil penalty of not more than five hundred dollars for each such violation assessable by the superior court.
MA Gen L ch 19d § 10 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 10 - Services for Residents

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 the following:  (1) Barber/beauty services, sundries for personal consumption, and other amenities.  (2) Local transportation for medical and recreational purposes.  (3) Assistance with and supervision of instrumental activities of daily living.  (c) The sponsor may arrange for, but may not use assisted living residence staff for, unless such staff is specifically licensed for the provision of ancillary services for health-related care, such as physician, pharmacist, restorative therapies, podiatry, hospice, home health.  (d) No personnel of an assisted living residence shall control or manage the funds or property of an assisted living resident. If the resident is unable to manage their funds or property, money management and other financial arrangements should be made with an independent party.
MA Gen L ch 19d § 11 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 11 - Admittance Requirements

[Section impacted by 2021, 20, Sec. 23 as amended by 2022, 22, Sec. 7 effective June 16, 2021, relating to the use of electronic video conferencing in order to address disruptions caused by the outbreak of COVID-19.]   Section 11. No assisted living residence shall admit any resident who requires twenty-four hour skilled nursing supervision. No assisted living residence shall provide, or admit or retain any resident in need of skilled nursing care unless all of the following are the case:   1. The care will be provided by a home health agency certified under Title XVIII of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended or an entity licensed under chapter one hundred and eleven, on a part-time, intermittent basis for not more than a total of ninety days in any twelve-month period, or by a licensed hospice.   2. The certified home health agency, entity licensed under chapter one hundred and eleven of the General Laws, or hospice does not train assisted living residence staff to provide the skilled nursing care.   3. The individual to whom the skilled nursing care is provided is suffering from a short-term illness. For the purposes of this section "short-term illness'' is defined as either a medical condition for which recovery can be expected to occur with not more than ninety consecutive days of skilled nursing care or a medical condition requiring skilled nursing care on a periodic, scheduled basis. For the purposes of this section, nursing services provided by a certified home health agency or entity licensed under chapter one hundred and eleven such as injection of insulin or other drugs used routinely for maintenance therapy of a disease, or licensed hospice care may be provided without respect to the ninety day limitation.
MA Gen L ch 19d § 12 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title II - Executive and Administrative Officers of the Commonwealth|Chapter 19d - Assisted Living|Section 12 - Individualized Plans for Residents

Section 12. (a) Each assisted living residence shall develop and maintain together with each resident, an individualized plan for each resident describing in lay terms the needs of the resident for personal services and the providers, or intended providers thereof, and the frequency and duration of such services, and containing such other information as the department may reasonably require by regulation. Such plan shall be confidential, shall be in writing signed by the resident and available for inspection by the resident, the department and its authorized designees under subsection (a) of section five. For residents receiving assistance under chapter one hundred and eighteen E, such service plans shall be developed in consultation with the pre-screening assessor as set forth in section thirteen of this chapter.  (b) Each assisted living residence shall designate one or more persons to help coordinate the preparation and periodic review and revision of service plans for each resident as service coordinator. The service coordinator may be an employee of the sponsor. The service coordinator shall be qualified by experience and training to develop, maintain and implement or arrange for the implementation of individualized service plans.  (c) Each assisted living residence shall maintain written policies and procedures for the initial evaluation and periodic reassessment of the functional and health status and service requirements of each consenting resident, until such time that the department establishes regulations for uniform requirements relative to said evaluation and periodic reassessments.