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10-18-2024 12:34am
Community Feedback Opportunity: AGO to Draft Assisted Living Residences Regulations
Darlene Cancell
Editor
Thanks to the Massachusetts Attorney General's Office for sharing this news with Westwood Minute.
BOSTON — The Massachusetts Attorney General’s Office (AGO) is seeking public feedback to inform drafting the state's first consumer protection regulations specific to assisted living residences. Members of the public can provide comments to the AGO through an online form, available here.
The AGO seeks to protect residents of assisted living residences through regulation, from unfair and deceptive acts and practices, including misrepresentation of available services, improper fees, and unlawful evictions.
“Every resident of an assisted living facility has the right to live in a safe and habitable environment, free from abuse, neglect, and exploitation. Our older adults deserve to age safely with dignity and respect, which is why creating consumer protection regulations for assisted living facilities is so important and responsive to their advocacy," said Attorney General Andrea Joy Campbell.
Assisted living residences are designed for older adults who can live independently in a home-like environment, but may need help with daily activities like housekeeping, bathing, or medication assistance. The AGO notes that it is critical that consumers know what to expect when choosing an assisted living residence as their home.
Chapter 93A, the consumer protection statute, authorizes the Attorney General to promulgate regulations to protect consumers. These regulations can require that facilities make certain disclosures about their contractual terms, and they also can declare certain acts and practices to be unlawful.
The AGO will use feedback to inform draft regulations and will then proceed to promulgate regulations, a process which will include the publication of proposed regulations, a public hearing, and opportunities for the public to comment on the proposed regulations.
This project is being handled by Director Mary Freeley and Deputy Director Valerie Frias of the AGO’s Elder Justice Unit. AG Campbell created the Unit in August 2023 to protect and promote the safety and well-being of elders through enforcement actions, legislative advocacy, and community engagement and education.
“Massachusetts has a long history of pioneering consumer protections for vulnerable populations such as nursing home residents and tenants and we welcome comparable protections for consumers of assisted living residences (ALRs)," said Kathleen Lyn Moncata and Liane Zeitz of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. "ALR residents currently have little legal recourse when they do not receive the quality of care they’ve contracted for or when their rights are violated," they said in support of the AGO's move to draft new regulations.
