Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 4.00 - Long Term Care Facilities
Section 4.08 - Medical Treatment and Information

(1) to fail or refuse to permit a resident to choose his/her personal attending physician;

(2) to fail or refuse to permit a resident to be fully informed in advance about care and treatment and of any changes in care or treatment that may affect the resident's well being;

(3) to fail or refuse to permit a resident to participate in the planning of his/her care and treatment or in decisions relating to changes in such care or treatment; where a resident has been adjudged incompetent under Massachusetts state law, his/her legal representative shall act on his/her behalf;

(4) to fail or refuse to inform each resident of the name, specialty, and way of contacting the physician responsible for his or her care;

(5) to fail or refuse to permit a resident or his/her legal representative, upon an oral or written request, to access within 24 hours all records pertaining to himself/herself including current clinical records except if otherwise prohibited by law;

(6) to fail or refuse to permit a resident, after receipt of his/her records for inspection, to purchase at a cost not to exceed the community standard, photocopies of the records or any portions thereof upon request and two working days advance notice; for residents who are entitled to receive such photocopies free of charge pursuant to state or federal law, to fail or refuse to provide such photocopies free of charge;

(7) to fail or refuse to inform the resident or· his/her legal representative, in a language the resident understands, of the resident's total health status, including, but not limited to, his/her medical condition;

(8) to fail or refuse to permit a resident to refuse treatment, to refuse to participate in experimental research, and to formulate an advance directive; to fail or refuse to comply with an advance directive, except if otherwise prohibited by law;

(9) if a resident refuses treatment or drugs, to fail or refuse to make prompt and good faith efforts to obtain information from qualified sources about the likely consequences of a resident's refusal to receive the treatment or drugs or to fail or refuse to provide the resident with that information as soon as possible;

(10) to fail or refuse to respond promptly, to the licensee's or administrator's best knowledge, to any inquiry by the resident relating to anything in his/her medical or personal record;

(11) to fail or refuse to permit any person who has a resident's written authorization to examine, at reasonable times, all the medical and personal records relating to such resident, or to fail or refuse to respond promptly, to the extent of the licensee's or administrator's best knowledge, to any inquiry made by the person who has the resident's written authorization relating to anything in the resident's medical or personal records; ·

(12) to release a resident's personal or medical record to any individual outside the facility without the prior written authorization of the resident or his/her legal representative except in case of his/her transfer to another health care institution or as required by law or third-party contract;

(13) to fail or refuse to immediately inform the resident, consult with the resident's physician, and, if known, notify the resident's legal representative or next of kin when there is:

(14) to fail or refuse to permit a resident to purchase necessary drugs or personal items at the pharmacy of his/her choice, provided that the prescription complies with all relevant regulations governing pharmacy labeling;

(15) to fail or refuse to effectuate the right of any resident to be free from any physical or chemical restraints, except in accordance with state and federal law;

(16) to fail or refuse to effectuate the right of any resident to be free from verbal, sexual, physical and mental abuse, corporal punishment, and involuntary seclusion;

(17) to fail or refuse to ensure that all alleged violations involving mistreatment, neglect, or abuse, including injuries of unknown source and misappropriation of resident property are reported immediately to the administrator of the facility and other officials in accordance with state law through established procedures;

(18) to administer or permit the administration of any psychotropic drug to any resident who has not been adjudged incompetent to make treatment decisions concerning him/herself without:

(19) to administer or permit the administration of any psychotropic drug to any resident who has been adjudged incompetent of making treatment decisions other than pursuant to a court-ordered substituted judgment establishing a treatment plan in accordance with the standards set forth in Rogers v. Commissioner of Department of Mental Health, 390 Mass. 489 (1983), and subsequent case law.