Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 4.00 - Long Term Care Facilities
Section 4.02 - Unfair or Deceptive Acts or Practices: General

(1) to fail to comply with any existing state or federal statute, rule or regulation which provides protection to or for residents or prospective residents of long-term care facilities;

(2) to fail or refuse to inform the resident, both orally and in writing, in clear and conspicuous type, in a language the resident understands, as evidenced by the resident's written acknowledgement, and to inform his/her legal representative or next of kin:

(3) to fail or refuse to furnish a copy of any policy referred to in 940 CMR 4.02(2), printed in clear and conspicuous type, to the resident and his/her legal representative or next of kin as evidenced by the resident's written acknowledgement; the disclosures required hereby shall be made no later than 30 days after the effective date of 940 CMR 4.00 for those residents then residing in the facility, and for new residents, at the time of their admission to the facility; disclosure shall also be made annually thereafter at such times as the policies are reissued or amended and upon request by the resident or his/her legal representative or next of kin at any time during the resident's stay in the facility;

(4) to fail or refuse to inform the resident both orally and in writing, in clear and conspicuous type, in a language the resident understands, as evidenced by the resident's written acknowledgement, and his/her legal representative or next of kin that the Attorney General has promulgated regulations relating to the conduct of licensees and administrators, and to fail or refuse to furnish a copy of 940 CMR 4.00 printed in clear and conspicuous type, to any resident and his/her legal representative or next of kin, as evidenced by the resident's written acknowledgement; the disclosures required hereby in 940 CMR 4.02(3) shall be made within 30 days after the effective date of 940 CMR 4.00 for those residents then residing in the facility; for new residents, such disclosures shall be made at the time of their admission to the long-term care facility; disclosure to each resident shall also be made annually thereafter and at any time the resident makes a request for 940 CMR 4.00; in the case of a resident adjudged incompetent, the facility may satisfy the requirements of 940 CMR 4.02(2) through (4) by making a reasonable effort to inform the resident of his/her rights under 940 CMR 4.00 and by satisfying the requirements pertaining to notification of his/her legal representative;

(5) to fail or refuse, at the time of admission and, again at the earliest date on which the facility has reason to believe that the resident may become eligible for the Massachusetts Medical Assistance Program (hereafter "Medicaid"), if later, to inform the resident, both orally and in writing, in a language the resident understands, and inform his/her legal representatives or next of kin, of the requirements and procedures for establishing eligibility for services provided by Medicaid, including the resident's right to complete a Division of Medical Assistance assessment of spousal assets form as of the date of admission; or to fail or refuse to provide a Division of Medical Assistance Medicaid assessment form and application form upon admission and again later, if requested by the resident, his/her legal representative or next of kin;

(6) to fail or refuse to post prominently and conspicuously a copy of 940 CMR 4.00 and a copy of the facility's written policies relating to the rights and responsibilities of residents, in each identifiable unit in the facility as defined in 105 CMR 150.000; such regulations and policies shall be printed in clear and conspicuous type;

(7) to fail or refuse to inform the resident, both orally and in writing, in clear and conspicuous type, in a language the resident understands, and to fail or refuse to inform his/her legal representative or next of kin upon the resident's admission and at the time of transfer, if any, of the duration of Medicaid's bed-hold policy and the facility's policy regarding medical, therapeutic and personal leaves of absence and the Medicaid requirement, in the event that any such leave exceeds the bed hold period, that the facility readmit the resident immediately to the first available bed in a semi-private room if the resident requires the facility's services;

(8) in the case of a private facility, to fail or refuse to disclose in writing to a resident and his/her legal representative or next of kin, that the resident may be transferred or discharged if the resident ceases to be a private resident; the disclosure required hereby in 940 CMR 4.02(9) shall be made at the time of the resident's admission to the facility, annually thereafter and upon request of the resident, his/her legal representative or next of kin;

(9) to fail or refuse to respond promptly and fully to all inquiries relating to any of the policies, regulations or procedures established by the facility which are made by a resident, his/her legal representative or next of kin at any time during the resident's stay in the facility.