§ 13 — Pre-screening and service plan monitoring assessments for medical assistance recipients

[ Introductory paragraph effective until January 9, 2025. For text effective January 9, 2025, see below.]Section 13. All elderly residents or residents with special needs who seek admission to an assisted living residence and who are eligible for the medical assistance program under chapter one hundred and eighteen E, shall:[ Introductory paragraph as amended by 2024, 392, Sec. 101 effective January 9, 2025. For text effective until January 9, 2025, see above.]All older adult residents or residents with special needs who seek admission to an assisted living residence and who are eligible for the medical assistance program under chapter one hundred and eighteen E, shall:[ Subparagraph 1 effective until January 9, 2025. For text effective January 9, 2025, see below.]1. Be afforded the opportunity to apply for assisted living residence services, and be informed about the eligibility requirements and his or her rights and obligations under the program.[ Subparagraph 1 as amended by 2024, 392, Sec. 102 effective January 9, 2025. For text effective until January 9, 2025, see above.]1. Be afforded the opportunity to apply for assisted living residence services, and be informed about the eligibility requirements and the resident's rights and obligations under the program.2. Have an initial pre-screening assessment conducted for the purposes of determining eligibility for and need of assisted living services. Such assessment shall consider the appropriateness of assisted living services for said resident, and other community-based alternatives that are appropriate and available.[ Subparagraph 3 effective until January 9, 2025. For text effective January 9, 2025, see below.]3. Have a service plan monitoring assessment conducted by an assessor at the site of the assisted living resident annually from the date of initial occupancy. Said monitoring assessment shall determine if the services provided to the resident are meeting his or her needs as determined in the service plan, the assessor shall report any instances of resident abuse or neglect pursuant to section fifteen of chapter nineteen A and section seventy-two G of chapter one hundred and eleven of the General Laws. With the consent of the division of medical assistance, the secretary may contract for the purpose of administering subparagraphs 1 to 3, inclusive, with one or more non-profit agencies, one or more home care corporations as defined in clause (c) of the third paragraph of section four of chapter nineteen A of the General Laws, a combination of such home care corporations as determined by the department, or a state agency. Privately paying elderly residents or residents with special needs who are not eligible for medical assistance under chapter one hundred and eighteen E of the General Laws, may be offered the services specified in said subparagraphs 1 to 3, inclusive, on a fee for service basis; provided, however, that the executive office of elder affairs shall promulgate such regulations as are necessary to carry out the provisions of this section.[ Subparagraph 3 as amended by 2024, 392, Secs. 101 to 103 effective January 9, 2025. For text effective until January 9, 2025, see above.]3. Have a service plan monitoring assessment conducted by an assessor at the site of the assisted living resident annually from the date of initial occupancy. Said monitoring assessment shall determine if the services provided to the resident are meeting the resident's needs as determined in the service plan, the assessor shall report any instances of resident abuse or neglect pursuant to section fifteen of chapter nineteen A and section seventy-two G of chapter one hundred and eleven of the General Laws. With the consent of the division of medical assistance, the secretary may contract for the purpose of administering subparagraphs 1 to 3, inclusive, with one or more non-profit agencies, one or more home care corporations as defined in clause (c) of the third paragraph of section four of chapter nineteen A of the General Laws, a combination of such home care corporations as determined by the department, or a state agency. Privately paying older adult residents or residents with special needs who are not eligible for medical assistance under chapter one hundred and eighteen E of the General Laws, may be offered the services specified in said subparagraphs 1 to 3, inclusive, on a fee for service basis; provided, however, that the executive office of aging and independence shall promulgate such regulations as are necessary to carry out the provisions of this section.