§ 5 — Biennial review

Massachusetts § 5

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title II: EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
• Ch. 19D: ASSISTED LIVING

Text

[ Text of section effective until December 5, 2024. For text effective December 5, 2024, see below.]Section 5. (a) The department or its authorized designee, shall make or cause to be made at least a biennial review of all assisted living residences. Said authorized designees shall not be sponsors of assisted living residences, and may include, but shall not be limited to, a non-profit agency, one or more home care corporations as defined in clause (c) 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 separate state agency. A review shall also be conducted prior to the issuance of the sponsor's initial certification, and may be conducted at any time the department has probable cause to believe that an assisted living residence is in violation of a regulation or provision of this chapter. The purpose of such reviews shall be to determine whether the assisted living residence is in compliance with the provisions of this chapter and the department's regulations. A review shall include an inspection of every part of the common areas of the assisted living residence and the living quarters of any resident, but only with the resident's prior consent, and an examination of the operating plan and any resident's service plan and written progress reports, but only with the resident's consent. Said review shall also include resident satisfaction surveys. An inspector shall have authority to interview the sponsor, manager, staff and residents. Interviews with residents shall be confidential and conducted privately.(b) Whenever a review is conducted, the department shall prepare a written report summarizing all pertinent information obtained during the review and shall not disclose confidential, private, proprietary or privileged information obtained in connection with such review. If the department finds that the applicant or the sponsor is in compliance with this chapter and applicable regulations, a copy of the report shall be mailed to the applicant or the sponsor within ten days after the review of the assisted living residence. If the department finds that the applicant or the sponsor is not in compliance with this chapter or regulations, a copy of the report shall be delivered to the sponsor together with a notice describing such noncompliance with particularity within ten days after completion of the review of the assisted living residence. The applicant or the sponsor shall have the right to submit a written response to such notice within ten days after receipt thereof. The department shall establish an administrative procedure by regulation for resolving disputes regarding findings prior to final departmental action. All completed reports, responses and notices of final action may be made available to the public at the department during business hours together with the responses of the applicants or the sponsors thereto.Chapter 19D: Section 5. Biennial review; initial and for cause reviews; reports[ Text of section as amended by 2024, 197, Sec. 6 effective December 5, 2024. For text effective until December 5, 2024, see above.]Section 5. (a) The department or its authorized designee shall biennially review all assisted living residences; provided, however, that an authorized designee shall not include sponsors of assisted living residences.(b) Prior to the issuance of the sponsor's initial certification, the department shall conduct a review to determine whether an assisted living residence is compliant with this chapter; provided, however, that the department may conduct such review of an assisted living residence at any time the department has probable cause to believe that such assisted living residence is in violation of a provision of this chapter or any regulation promulgated thereunder. Such review shall include: (i) an inspection of every part of the common areas of the assisted living residence and the living quarters of a resident with the resident's prior consent; (ii) an examination of the operating plan; (iii) an examination of a resident's service plan and written progress reports with the resident's consent; and (iv) resident satisfaction surveys. An inspector shall have authority to confidentially and privately interview the sponsor, manager, staff and residents.(c) Reviews of assisted living residences certified to provide basic health services shall include an inspection of records associated with the provision of basic health services, a review of residence employee qualifications and the residence's operating plan.(d) Upon the completion of an annual or biennial review, the department shall prepare a written report summarizing all pertinent information obtained during the review and shall not disclose confidential or privileged information obtained in connection with such review. The department shall promulgate rules and regulations necessary to ensure the sponsor receives such report and, if applicable, has the opportunity to respond to and resolve any findings of noncompliance prior to departmental enforcement action. Completed reports, responses and notices of final action shall be made available to the public at the department during business hours together with the responses of the applicants or the sponsors and said reports, responses and notices of final action shall be posted on the website of the department.