reglab/statecodes huggingface dataset:
2023 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 6 - Protective Services

Section 6. The commission, acting through state agencies within the executive office of human services designated by the commission, for the purpose of furnishing protective services, the general counsel acting through state agencies within the executive office of health and human services designated by the secretary of health and human services for the purpose of furnishing protective services, the department of mental health and the department of public health shall, as necessary to prevent further abuse in cases investigated by said commission, counsel or department:—
(1) furnish protective services to a disabled person either with his consent or with the consent of his current guardian;
(2) petition the court for appointment of a conservator or guardian or for issuance of an emergency order for protective services as provided in section seven; or
(3) furnish protective services to a disabled person on an emergency basis as provided in section seven.
2023 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 8 - Abuse of Disabled Persons Under State Care; Investigations and Hearings

Section 8. If, upon completion of investigation of a report of abuse of a disabled person whose caretaker is a state agency there is reasonable cause to conclude that such abuse did occur, or whenever, upon its own motion, the commission determines that a formal hearing is necessary to ascertain the scope and remedy of such abuse of disabled persons whose caretaker is a state agency, the commission may, upon a majority vote, initiate a formal investigation, including a hearing, to determine the nature and the extent of such abuse and what recommendations, if any, should be made with respect to such occurrence. Testimony in commission proceedings may, in the discretion of the commission, be recorded and taken under oath. The commission may, in its discretion, permit any party to testify, to call and examine witnesses, to introduce evidence or to cross-examine witnesses. Before testifying, all witnesses shall be given a copy of the regulations governing the commission proceedings. Each witness shall be entitled to be represented by counsel and may refuse to submit evidence or give testimony if such evidence or testimony could tend to incriminate him. All proceedings of the commission shall be public unless the commission votes to go into executive session. Any person whose name is mentioned during a proceeding under this section and who may be adversely affected by any action of the commission under section nine shall have the right to appear personally, to be represented by counsel in connection with the proceedings, to call and examine witnesses, to introduce evidence or to cross-examine witnesses.
2023 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 9 - Completion of Hearings; Reports; Referrals

Section 9. Upon the completion of any formal investigation, the commission shall:—
(a) issue a written report and refer the same to the appropriate state agency. Such report shall contain findings of fact concerning the alleged occurrence of abuse that was the subject of the investigation, together with a finding as to whether or not such abuse did occur and, if so, what actions are necessary to remedy the causes of such abuse or to prevent its reoccurrence;
(b) refer any matters for which there is reason to believe that a crime has been committed to the attorney general, the United States attorney or a district attorney for the county wherein such crime was committed;
(c) refer any matters for which there is reason to believe that employee misconduct has occurred to the state agency employing such person for imposition of disciplinary measures in accordance with the requirements of any applicable law, regulation or collective bargaining agreement; or
(d) refer any matters for which there is reason to believe that misconduct has occurred by a contractor with a state agency or by such contractor's agent, to the state agency contracting with such party for termination of such contract or for such other action as may be deemed appropriate by such state agency.
2023 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 10 - Reporters of Abuse; Liability; Privileged Communications

Section 10. Except when prevented by the constraints of professional privilege as hereinafter provided, mandated reporters shall notify the commission orally of any reportable condition immediately upon becoming aware of such condition and shall report in writing within forty-eight hours after such oral report.
Mandated reporters who have reasonable cause to believe that a disabled person has died as a result of a reportable condition shall immediately report such death, in writing, to the commission, to the district attorney for the county in which such death occurred and to the medical examiner as required by section six of chapter thirty-eight.
Any person may file report if such person has reasonable cause to believe that a disabled person is suffering from abuse or has died as a result thereof.
No mandated reporter shall be liable in any civil or criminal action by reason of submitting a report. No other person making a report shall be liable in any civil or criminal action by reason of submitting a report if such report was made in good faith; provided, however, that no person who abuses a disabled person shall be exempt from civil or criminal liability by reason of their reporting such abuse.
No privilege established, by sections one hundred and thirty-five A and one hundred and thirty-five B of chapter one hundred and twelve, by section twenty or twenty B of chapter two hundred and thirty-three, by court decision or by professional code relating to the exclusion of confidential communications and the competency of witnesses may be invoked to prevent a report by a mandated reporter or in any civil action arising out of a report made pursuant to this chapter; provided, however, that a mandated reporter need not report an otherwise reportable condition if the disabled person invokes a privilege, established by law or professional code, to maintain the confidentiality of communications with such mandated reporter.
Any person required by this section to make oral and written reports, who fails to do so, shall be punished by a fine of not more than one thousand dollars.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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.
2023 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19d - Assisted Living › Section 13 - Pre-Screening and Service Plan Monitoring Assessments for Medical Assistance Recipients

Section 13. All elderly residents or residents with special needs who seek admission to an assisted living residence and who are eligible for the medical assistance program under chapter one hundred and eighteen E, shall:
1. Be afforded the opportunity to apply for assisted living residence services, and be informed about the eligibility requirements and his or her rights and obligations under the program.
2. Have an initial pre-screening assessment conducted for the purposes of determining eligibility for and need of assisted living services. Such assessment shall consider the appropriateness of assisted living services for said resident, and other community-based alternatives that are appropriate and available.
3. Have a service plan monitoring assessment conducted by an assessor at the site of the assisted living resident annually from the date of initial occupancy. Said monitoring assessment shall determine if the services provided to the resident are meeting his or her needs as determined in the service plan, the assessor shall report any instances of resident abuse or neglect pursuant to section fifteen of chapter nineteen A and section seventy-two G of chapter one hundred and eleven of the General Laws. With the consent of the division of medical assistance, the secretary may contract for the purpose of administering subparagraphs 1 to 3, inclusive, with one or more non-profit agencies, one or more home care corporations as defined in clause (c) of the third paragraph 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 state agency. Privately paying elderly residents or residents with special needs who are not eligible for medical assistance under chapter one hundred and eighteen E of the General Laws, may be offered the services specified in said subparagraphs 1 to 3, inclusive, on a fee for service basis; provided, however, that the executive office of elder affairs shall promulgate such regulations as are necessary to carry out the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19d - Assisted Living › Section 14 - Written Residency Agreement

Section 14. The sponsor shall enter into a written residency agreement with each resident clearly describing the rights and responsibilities of the resident and the sponsor, including all requirements in section two of this chapter. The residency agreement shall be signed by the sponsor or the sponsor's authorized agent and by the resident and shall include the agreement of the sponsor to provide personal services and other services and goods, lodging and meals, the charges, expenses and other assessments for personal services, lodging and meals, the agreement of the resident to make payment of such charges, expenses and other assessments and the arrangements for such payment, a grievance procedure, the sponsor's covenant to comply with applicable federal and state laws and regulations regarding consumer protection and protection from abuse, neglect and financial exploitation of the elderly and disabled, the conditions under which the agreement may be terminated by either party, reasonable rules for conduct and behavior, and such other similar provisions as the department may reasonably require by regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19d - Assisted Living › Section 15 - Managers and Staff; Qualifications

Section 15. (a) The manager of an assisted living residence shall be at least twenty-one years of age, qualified by education or experience to be responsible for the operation of the residence in conformance with the applicable laws and regulations, and of good moral and responsible character, and shall never have been convicted of a felony.
(b) The sponsor may employ staff directly, in which case it shall comply with department's standards for personal care homemaker services and personnel as from time to time in effect. The sponsor may also engage an agency approved by the department to offer personal care homemaker services. All personnel providing personal care shall be qualified by training or experience to assist with activities of daily living and to provide self-administered medication management.
(c) The department shall promulgate regulations concerning the education, training and experience of the manager and staff, including the service coordinator, necessary to carry out the purposes and requirements of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19d - Assisted Living › Section 16 - Residence Requirements

[ First paragraph effective until May 30, 2023. For text effective May 30, 2023, see below.]
Section 16. Any assisted living residence shall meet the requirements of all applicable federal and state laws and regulations, including, but not limited to, the state sanitary code, state building and fire safety codes and regulations, and laws and regulations governing handicapped accessibility. In order to facilitate compliance with these laws and regulations, the department, in consultation with the department of housing and community development and the executive office of public safety, shall compile and make available a list of all such applicable laws and regulations.
[ First paragraph as amended by 2023, 7, Sec. 47 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
Any assisted living residence shall meet the requirements of all applicable federal and state laws and regulations, including, but not limited to, the state sanitary code, state building and fire safety codes and regulations, and laws and regulations governing handicapped accessibility. In order to facilitate compliance with these laws and regulations, the department, in consultation with the executive office of housing and livable communities and the executive office of public safety, shall compile and make available a list of all such applicable laws and regulations.
In order to ensure the maximum residential setting possible, any assisted living residence shall provide only single or double living units with lockable doors on the entry door of each unit. All newly constructed assisted living residences shall provide a private bathroom for each living unit which is equipped with one lavatory, one toilet, and one bath tub or shower stall. All other assisted living residences shall provide at a minimum a private half bathroom for each living unit which is equipped with one lavatory and one toilet, and shall provide at least one bathing facility for every three residents. All assisted living residences shall provide at a minimum either a kitchenette or access to cooking capacity for all living units. The secretary of elder affairs may, when the secretary determines that public necessity and convenience require and to prevent undue economic hardship, waive the requirements relative to bathrooms and the bathing facilities; provided, however, that the secretary finds that the residence will otherwise meet the purposes of assisted living to provide a home-like residential environment, which promotes privacy, dignity, choice, individuality and independence for its residents.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19d - Assisted Living › Section 17 - Advisory Council

[ Text of section effective until May 30, 2023. For text effective May 30, 2023, see below.]
Section 17. Notwithstanding any general or special law to the contrary, there shall be established an assisted living advisory council within the executive office of elder affairs. Said advisory council shall advise the secretary of elder affairs relating to the regulations authorized under this chapter. Said advisory council shall be comprised of the secretary of elder affairs or his designee who shall serve as chairperson, the director of housing and community development or his designee; the secretary of health and human services or his designee, and six members to be appointed by the governor upon nomination by the secretary of elder affairs, three of whom shall represent resident consumer interests and two of whom shall represent sponsors and managers of assisted living residences. The advisory council shall by majority vote establish its own rules and procedures. Members of the council shall be appointed for terms of one year each. The council shall meet not less than on a quarterly basis, and it shall prepare a report of its activities, not less than annually, that shall be made available to the public and the general court.
Chapter 19D: Section 17. Assisted living advisory council
[ Text of section as amended by 2023, 7, Sec. 48 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
Section 17. Notwithstanding any general or special law to the contrary, there shall be established an assisted living advisory council within the executive office of elder affairs. Said advisory council shall advise the secretary of elder affairs relating to the regulations authorized under this chapter. Said advisory council shall be comprised of the secretary of elder affairs or his designee who shall serve as chairperson, the secretary of housing and livable communities or his designee; the secretary of health and human services or his designee, and six members to be appointed by the governor upon nomination by the secretary of elder affairs, three of whom shall represent resident consumer interests and two of whom shall represent sponsors and managers of assisted living residences. The advisory council shall by majority vote establish its own rules and procedures. Members of the council shall be appointed for terms of one year each. The council shall meet not less than on a quarterly basis, and it shall prepare a report of its activities, not less than annually, that shall be made available to the public and the general court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 19d - Assisted Living › Section 18 - Classification of Assisted Living Residences

Section 18. (a) Assisted living residences shall not be subject to the provisions of sections twenty-five B to twenty-five H, inclusive, section fifty-one and sections seventy E to seventy-three B, inclusive, of chapter one hundred and eleven or the seventh full paragraph of section nine of chapter forty A of the General Laws.
(b) No person or residential facility offering, providing or arranging for the provision of assistance with or supervision of instrumental activities of daily living only shall be required to obtain certification under this chapter or a license pursuant to section seventy-one of chapter one hundred and eleven of the General Laws.
(c) For the purposes of this chapter, and any other general or special law classifying real estate property for the purpose of taxation, and notwithstanding the provisions of section twenty-seven C of chapter twenty-nine of the General Laws, a municipality shall classify the portion of any building operated as an assisted living residence in the same category as property held or used for human habitation.
(d) Regardless of the designation of an assisted living residence as a residential, institutional or other use under any zoning ordinance, assisted living residences certified under this chapter shall be regarded as residential uses for the purposes of the state building code and shall be so regarded by the building inspectors of each city and town in the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 1 - Department; Board of Agriculture; Membership; Meetings; Commissioner of Agricultural Resources; Board Consultation, Review and Comment on Proposed Policies and Regulations

Section 1. There shall be a department of agricultural resources under the supervision and control of a board of agriculture. The board shall consist of 13 members to be appointed by the governor, who shall be from diverse geographic regions of the commonwealth and shall represent diverse agricultural operations within the commonwealth.
At least 9 members of the board shall be farmers whose principal vocation is the production of food and fiber. Members shall be appointed for terms of 3 years and no member shall serve for more than 2 consecutive terms.
The board shall meet at the call of the chair but not fewer than 6 times annually or at the call of the chairman and at such times as shall be determined by its rules or at the request of the commissioner or the call of any 3 members. The chairman shall be annually appointed by a majority of the board present and voting thereon. Board members shall receive $50 for each day or portion thereof spent in the discharge of their official duties not to exceed $600 per year and shall be reimbursed for the travel to and from official board meetings and other expenses necessary to conduct such meetings.
There shall be a commissioner of agricultural resources who shall be appointed and may be removed by the secretary of environmental affairs, with the approval of the governor. The commissioner shall have charge of the administration of the department. The department may expend for traveling expenses of its employees incurred in the performance of their official duties and for other necessary expenses of the department, such sums as may be appropriated.
The commissioner shall notify and provide the board with an opportunity to consult, review and comment on policies and regulations proposed by the commissioner pursuant to section 23.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 2 - Compensation of Commissioner

Section 2. The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty, and the commissioner shall receive traveling expenses incurred in his official duties, and shall devote his full time during business hours to the duties of his office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 5 - Compensation and Traveling Expenses of Assistant Commissioner

Section 5. The position of assistant commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty, and the assistant commissioner shall receive traveling expenses incurred in his official duties, and shall devote his full time during business hours to the duties of his office.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title II - Executive and Administrative Officers of the Commonwealth › Chapter 20 - Department of Food and Agriculture › Section 6 - Organization; Divisions and Bureaus; Directors and Other Personnel

Section 6. The commissioner shall organize the department into divisions and bureaus and shall assign to said divisions their functions. The commissioner, with the approval of the board, may appoint a director to each division and a chief to each bureau thereunder, to have charge of the work of the division and the bureau and may, with like approval, remove such directors or chiefs at any time. The compensation of the directors and chiefs shall be fixed by the commissioner with the approval of the board. The commissioner, with the approval of the board, shall appoint such scientific experts as the work of the department may require, and may assign them to divisions, may transfer and remove them, and the provisions of chapter thirty-one shall not apply. He shall, subject to the provisions of said chapter, appoint such inspectors, clerks and other assistants as he may deem necessary.