2023 Massachusetts General Laws › Part I - Administration of the Government › Title XVI - Public Health › Chapter 111 - Public Health › Section 72 - Classification of Convalescent and Nursing Homes, Infirmaries, etc.; Rules and Regulations; Inspections; Records of Violations; Jurisdiction

Section 72. The department shall classify convalescent and nursing homes, infirmaries maintained in towns, rest homes, charitable homes for the aged and intermediate care facilities for the mentally retarded and shall, after a public hearing, promulgate rules and regulations for the conduct of the same. Such rules and regulations for convalescent and nursing homes, infirmaries maintained in a town, rest homes, charitable homes for the aged and intermediate care facilities for persons with an intellectual disability shall include minimum requirements for medical and nursing care, the keeping of proper medical and nursing records, uniform requirements for the handling of patient funds, minimum requirements relative to the prevention and reparation of loss of or damage to patient's possessions including personal clothing, and minimum requirements relative to facility sanitation. Regulations for intermediate care facilities for persons with an intellectual disability shall also include minimum requirements for social services, psychological services and other services appropriate for the care of mentally retarded and developmentally disabled persons and shall limit the size of intermediate care facilities for persons with an intellectual disability to not more than fifteen beds. The department in promulgating such rules and regulations for convalescent or nursing homes, rest homes, charitable homes for the aged and intermediate care facilities for persons with an intellectual disability shall consider the ability of such facilities to provide service under rates set under the provisions of section thirty-two of chapter six A. No such rule or regulation shall apply to a convalescent or nursing home, rest home, charitable home for the aged, or intermediate care facility for persons with an intellectual disability licensed at the time of promulgation of such rule or regulation, or a convalescent or nursing home, rest home, charitable home for the aged or intermediate care facility for persons with an intellectual disability being constructed at the time of such promulgation under plans approved by the department, unless such rule or regulation has a direct and material relation to patient diet, cleanliness, nursing care or health of the patient, or to habilitative services and active treatment for persons with an intellectual disability or persons with related conditions; provided, however, that nothing herein contained shall be interpreted to prevent the department from adopting or interpreting rules and regulations more favorable toward existing convalescent or nursing homes, rest homes, charitable homes for the aged, or intermediate care facilities for persons with an intellectual disability.
The department or its agents and the board of health or its agents of the city or town wherein any portion of such convalescent home or nursing home, infirmary maintained in a town, rest home, charitable home for the aged or intermediate care facility for persons with an intellectual disability is located may visit and inspect such institution at any time.
Any person making an inspection under authority of this section shall record in writing every violation which he finds of the applicable rules and regulations of the department. Every record of inspection so made shall be treated as a public record except to such extent as the record or a portion thereof is expressly exempt from such treatment under section seven of chapter four, said violations shall be made public at the same time that a written plan of correction is submitted. If a written plan of correction is not submitted within the allowable time, said violations shall be made public at the expiration of the allowable time. Inspections hereunder shall be unannounced and made at such intervals as the department shall specify in its rules and regulations, but at least twice per annum. A visit made to a facility for the purpose of providing consultation shall not be considered to be an inspection.
The superior court shall have jurisdiction in equity to enforce the rules and regulations promulgated under this section.