Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 4.00 - Long Term Care Facilities
Section 4.06 - Privacy and Other Personal Rights

Universal Citation: 940 MA Code of Regs 940.4

Current through Register 1531, September 27, 2024

It shall be an unfair or deceptive act or practice, in violation of M.G.L. c. 93A, § 2, for a licensee or an administrator:

(1) to fail or refuse to assure a resident privacy during medical examination or treatment or during care for his/her personal needs such as bathing, dressing and toileting;

(2) to fail or refuse to permit married residents living in the same facility to share a room, if both spouses so consent;

(3) to fail or refuse to permit immediate access to a resident, subject to the resident's right to deny or withdraw consent at any time, by the following:

(a) the resident's individual physician;

(b) any representative of the Secretary of the U. S. Department of Health and Human Services;

(c) any duly appointed designee of the State long-term Care Ombudsman;

(d) any representative of a state agency responsible for maintaining the health, safety and welfare of such residents, including but not limited to
1. the agency responsible for facility licensure or reimbursement;

2. the agency responsible for the protection and advocacy system for developmentally disabled individuals;

3. the agency responsible for the protection and advocacy system for mentally ill individuals;

(4) to fail or refuse to permit immediate access to any resident, subject to the resident's right to deny or withdraw consent at any time, by immediate family or other relatives of the resident;

(5) to fail or refuse to permit immediate access to any resident, subject to reasonable restrictions and the resident's right to deny or withdraw consent at any time, by others who are visiting with the consent of the resident;

(6) to fail or refuse to permit reasonable access to any resident by any entity or individual that provides health, social, legal, or other services to the resident, subject to the resident's right to deny or withdraw consent at any time;

(7) to fail or refuse to permit representatives of the State Long-Term Care Ombudsman or a representative of a community advocacy group certified by the Executive Office of Elder Affairs, to examine a resident's clinical records with the permission of the resident or the resident's legal representative;

(8) to fail to allow a resident to communicate privately with a duly designated representative of the State Long-Term Care Ombudsman;

(9) to fail or refuse to permit a resident private and unrestricted communications with his/her spouse, physician, representative of the clergy, attorney or legal representative;

(10) to fail or refuse to assure a married resident privacy during visits by his/her spouse;

(11) to fail or refuse to provide at least 48 hours advance written notice, excluding weekends and holidays, to a resident before the resident's roommate is changed, except in an emergency situation;

(12) to fail or refuse to assure the resident the right to meet with or participate in activities of social, religious and community groups at his/her discretion, provided that such activities do not interfere with the rights of other residents in the facility;

(13) to fail or refuse to provide a resident with privacy in written communications, which includes:

(a) the right to send and promptly receive mail that is unopened;

(b) the right to have access to stationery, postage and writing implements at the resident's own expense;

(14) to fail or refuse to assure reasonable access to a telephone where calls can be made and received without being overheard;

(15) to fail or refuse to permit a resident to present grievances free from restraint, interference or coercion, discrimination or reprisal, on both his/her own behalf or on behalf of others, to the facility's staff, to government officials including, but not limited to, a representative of the Department of Public Health or a duly appointed designee of the State Long-Term Care Ombudsman, if applicable, or to any other person;

(16) to fail to take prompt action to resolve any grievance presented by a resident or his/her legal representative, or to fail to respond promptly, to the extent possible, to all requests or inquiries made by a resident, his/her legal representative, or a duly appointed designee of the State long-term Care Ombudsman;

(17) to fail to provide and post, in each identifiable unit, or, in the case of institutions providing chronic disease or rehabilitative services to individuals for 60 days or more, in each unit in which such individuals reside, the names, addresses and telephone numbers of all pertinent State agencies such as the Department of Public Health, Division of Medical Assistance, the State Long-Term Care Ombudsman, the Office of the Attorney General (including both the Medicaid Fraud Control Unit and the Consumer Protection Division), and the local legal services office to which residents may direct complaints or charges of abuse, neglect and misappropriation of personal property or violation of 940 CMR 4.00et seq.;

(18) to require a resident to perform services for the facility that are not included for therapeutic purposes in the resident's plan of care; except that a resident may perform voluntary service or services in the facility for reasonable consideration when:

(a) the facility has documented the need or desire for work in the plan of care;

(b) the plan specifies the nature of the services performed and whether the services are voluntary or paid;

(c) if paid, compensation is at or above prevailing rates; and

(d) the resident agrees to the work arrangement described in the plan of care;

(19) to fail or refuse to permit a resident to interact and join with other residents or individuals within or outside of the facility;

(20) to fail or refuse to provide a resident reasonable access to individuals or representatives of community groups that provide health, social or other services, subject to the resident's right to deny or withdraw consent at any time.

(21) to fail or refuse to provide access to the facility at reasonable hours to individuals or representatives of community groups or other groups who seek to provide legal services to residents without charge to the residents.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.