Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 12.00 - Certification Procedures and Standards for Assisted Living Residences › Section 12.08 - Resident Rights and Required Disclosures

Current through Register 1525, July 5, 2024
Prior to scheduling a formal meeting with a prospective
				Resident, the Residence shall inform him or her of the right to be accompanied
				by a Legal Representative, Resident Representative, or other advisor. During
				its first formal meeting with a prospective Resident, the Residence shall
				deliver to and verbally review with the prospective Resident a consumer guide
				developed by EOEA and the Disclosure of Rights and Services required by 651 CMR
				12.08(3), which incorporates the provisions of 651 CMR 12.08(1). At the time of
				or prior to the execution of the Residency Agreement or the transfer of any
				money to a Sponsor by or on behalf of a prospective Resident, whichever first
				shall occur, the Sponsor shall deliver to and verbally review with the
				prospective Resident, the person with whom the contract is entered into, and,
				if applicable, the prospective Resident's Legal Representative a copy of the
				Residency Agreement, which shall state all applicable costs and terms of
				payment, services offered and not offered, shared risks, and all other
				important terms and conditions of the Agreement. All documents shall be written
				in plain language and published in typeface no smaller than 14 point
				type.
(1)
Resident
			 Rights
. Every Resident of an Assisted Living Residence shall have
			 the right to:
(a) Live in a decent, safe, and
			 habitable residential living environment;
(b) Be treated with consideration and respect
			 and with due recognition of personal dignity, individuality, and the need for
			 privacy;
(c) Privacy within the
			 Resident's Unit subject to rules of the Assisted Living Residence reasonably
			 designed to promote the health, safety and welfare of Residents;
(d) Retain and use his or her own personal
			 property, space permitting, in the Resident's living area so as to maintain
			 individuality and personal dignity;
(e) Private communications, including
			 receiving and sending unopened correspondence, access to a telephone, and
			 visiting with any person of her or his choice;
(f) Freedom to participate in and benefit
			 from community services and activities and to achieve the highest possible
			 level of independence, autonomy, and interaction within the
			 community;
(g) Directly engage or
			 contract with licensed or certified health care providers to obtain necessary
			 health care services in the Resident's Unit or in such other space in the
			 Assisted Living Residence as may be available to Residents to the same extent
			 available to persons residing in their own homes, and with other necessary care
			 and service providers, including, but not limited to, the pharmacy of the
			 Resident's choice subject to reasonable requirements of the Residence. The
			 Resident may select a medication packaging system within reasonable limits set
			 by the Assisted Living Residence. Any Assisted Living Residence policy
			 statement that sets limits on medication packaging systems must first be
			 approved by EOEA;
(h) Manage his or
			 her own financial affairs, unless the Resident has a Legal Guardian or other
			 court-appointed representative with the authority to manage the Resident's
			 financial affairs;
(i) Exercise
			 civil and religious liberties;
(j)
			 Present grievances and recommended changes in policies, procedures, and
			 services to the Sponsor, Manager or staff of the Assisted Living Residence,
			 government officials, or any other person without restraint, interference,
			 coercion, discrimination, or reprisal. This right includes access to
			 representatives of the Assisted Living Ombudsman program established under
			 M.G.L. c. 19D, § 7, the Elder Protective Services program established
			 under M.G.L. c. 19A, §§ 14 through 26 and the Disabled Persons
			 Protection Commission (DPPC) established under M.G.L. c. 19C;
(k) Upon request, obtain from the Assisted
			 Living Residence, the name of the Service Coordinator or any other persons
			 responsible for his or her care or the coordination of his or her
			 care;
(l) Confidentiality of all
			 records and communications to the extent provided by law;
(m) Have all reasonable requests responded to
			 promptly and adequately within the capacity of the Assisted Living
			 Residence;
(n) Upon request, obtain
			 an explanation of the relationship, if any, of the Residence to any health care
			 facility or educational institution to the extent the relationship relates to
			 his or her care or treatment;
(o)
			 Obtain from a person designated by the Residence a copy of any rules or
			 regulations of the Residence which apply to his or her conduct as a
			 Resident;
(p) Privacy during
			 medical treatment or other rendering of services within the capacity of the
			 Assisted Living Residence;
(q)
			 Informed consent to the extent provided by law;
(r) Not be evicted from the Assisted Living
			 Residence except in accordance with the provisions of landlord/tenant law as
			 established by M.G.L. c. 186 or c. 239 including, but not limited to, an
			 eviction notice and utilization of such court proceedings as are required by
			 law;
(s) Be free from
			 Restraints;
(t) Receive an itemized
			 bill for fees, charges, expenses and other assessments for the provision of
			 Resident services, Personal Care Services, and optional services;
(u) Have a written notice of the Residents'
			 Rights published in typeface no smaller than 14 point type posted in a
			 prominent place or places in the Assisted Living Residence where it can be
			 easily seen by all Residents. This notice shall include the address, and
			 telephone number of the EOEA Assisted Living Ombudsman Program, and the
			 telephone number of the Elder Abuse Hotline; and
(v) Be informed in writing by the Sponsor of
			 the Assisted Living Residence of the community resources available to assist
			 the Resident in the event of an eviction procedure against him or her. Such
			 information shall include the name, address and telephone number of the
			 Assisted Living Ombudsman Program.