Current through Register 1531, September 27, 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.
(2)
Residency
Agreement.
(a) The Residency
Agreement shall include, at a minimum, the following:
1. Charges, expenses and other assessments
for the provision of Resident services, Personal Care Services, Lodging and
meals;
2. The agreement of the
Resident to make payment of the charges specified;
3. Arrangements for payment;
4. A Resident grievance procedure which meets
the requirements of 651 CMR 12.08(1)(j);
5. The Sponsor's covenant to comply with
applicable federal and state laws and regulations concerning consumer
protection and protection from abuse, neglect and financial exploitation of the
elderly and disabled;
6. The
conditions under which the Residency Agreement may be terminated by either
party, including criteria the Residence may use to determine whether the
conditions have been met, and the length of the required notice period for
termination of the Residency Agreement;
7. Reasonable rules for the conduct and
behavior of staff, management and the Resident;
8. The Residents Rights required by 651 CMR
12.08(1);
9. A clear explanation of
the services included in any fees, a description and itemization of all other
bundled services as well as an explanation of other services available at an
additional charge;
10. An
explanation of any limitations on the services the Residence will provide,
specifically including any limitations on services to address specific
Activities of Daily Living and behavioral management. Such explanation shall
also include a description of the role of the nurse(s) employed by the
Residence, and the nursing and personal care worker staffing levels;
11. An explanation of the eligibility
requirements for any available subsidy programs, including a statement of any
costs associated with services beyond the scope of the subsidy program for
which the Resident or his or her Legal Representative would be
responsible;
12. The refund
policies for all Administrative Fees, deposits, and other charges;
and
13. A copy of the Residence's
medication management policy: its Self-administered Medication Management
(SAMM) policy, including its policy on assistance with as-necessary or PRN
medication when part of the SAMM plan; and, if applicable, Limited Medication
Administration.
If the Disclosure of Rights and Services required by 651 CMR
12.08(3) fully states all of the items required by 651 CMR 12.08(2)(a)4., 7.,
8., 10., 11. and 13., the Residency Agreement may, incorporate those
requirements by reference.
(b) The Residency Agreement may include the
agreement of the Sponsor to provide or arrange for the provision of additional
services, including, but not limited to, the following:
1. Barber and beauty services, sundries for
personal consumption, and other amenities; and
2. Local transportation for medical and
recreational purposes.
(c) The Residency Agreement shall be for a
term not to exceed one year and may be renewable upon the agreement of both
parties.
(d) The Residency
Agreement shall be for a single or double living Unit in the Residence with
lockable entry doors on each Unit which meet the bathroom, Bathing Facility and
kitchenette requirements of
651 CMR
12.04(1).
(e) A Residency Agreement for a Residence
receiving funding through MassDevelopment pursuant to M.G.L. c. 23A, which
otherwise meets the requirements of 651 CMR 12.08(2), may be executed for an
initial period not to exceed 13 months.
(f) A Resident may voluntarily agree to
vacate his or her Unit in accordance with his or her Residency Agreement. A
Resident may not be evicted from the Resident's Unit following termination of
the Residency Agreement except in accordance with the provisions of
landlord/tenant law as set forth in M.G.L. c. 186 and c. 239.
(3)
Disclosure of
Rights and Services. The disclosure statement shall include, at a
minimum, the following:
(a) The number and
type of Units the Residence is certified to operate;
(b) The number of staff currently employed by
the Residence, by shift, an explanation of how the Residence determines
staffing, and the availability of overnight staff, awake and asleep, and shall
provide this information separately for any Special Care Residence within the
Residence;
(c) A copy of the list
of Residents' Rights set forth in 651 CMR 12.08(1);
(d) An explanation of the eligibility
requirements for any subsidy programs including a statement of any additional
costs associated with services beyond the scope of the subsidy program for
which the Resident or his or her Legal Representative would be responsible.
This explanation should also state the number of available Units, and whether
those Units are shared;
(e) A copy
of the Residence's medication management policy, its Self-administered
Medication Management policy for dealing with medication that is prescribed to
be taken "as necessary", and an explanation of its Limited Medication
Administration policy;
(f) An
explanation of any limitations on the services the Residence will provide,
including, but not limited to, any limitations on specific services to address
Activities of Daily Living and any limitations on behavioral
management;
(g) An explanation of
the role of the nurse(s) employed by the Residence;
(h) An explanation of entry criteria and the
process used for Resident assessment;
(i) Statement of the numbers of staff who are
qualified to administer cardio pulmonary respiration (CPR), and the Residence's
policy on the circumstances in which CPR will be used;
(j) An explanation of the conditions under
which the Residency Agreement may be terminated by either party, including the
criteria the Residence may use to determine whether conditions have been met,
and the length of the required notice period for termination of the Residency
Agreement;
(k) An explanation of
the physical design features of the Residence including that of any Special
Care Residence;
(l) An illustrative
sample of the Residence's service plan, an explanation of its use, the
frequency of review and revisions, and the signatures required;
(m) An explanation of the different or
special types of diets available;
(n) A list of enrichment activities,
including the minimum number of hours provided each day;
(o) An explanation of the security policy of
the Residence, including the procedure for admitting guests;
(p) A copy of the instructions to Residents
in the Residence's Disaster and Emergency Preparedness Plan;
(q) A statement of the Residence's policy and
procedures, if any, on the circumstances under which it will, with the member's
permission, include family members in meetings and planning;
(r) Each Residence that provides special care
shall provide a written statement describing its special care philosophy and
mission, and explaining how it implements this philosophy and achieves the
stated mission.
(s) If a Residence
allows non-Residents to use any of its facilities, such as a swimming pool,
gymnasium or other meeting or function room, it shall disclose the fact of such
usage to its Residents. Said disclosure shall:
1. inform the residents of the existence of
non-regulated programming on site;
2. disclose the amount of interaction or
shared use of the facilities; and
3. describe any resultant impact on Residence
staffing.
(4)
Additional Disclosures. EOEA may create and require
the inclusion of an informational cover sheet for each Residency Agreement.
Each Resident or Legal Representative executing the Residency Agreement must
also sign the cover sheet in the presence of a witness.