§ 8 — Operating without certification; penalty

Massachusetts § 8

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

Text

Section 8. (a) Any person operating an assisted living residence without certification under this chapter shall be subject to liability for a civil penalty of not more than five hundred dollars for each day of such violation assessable by the superior court. Any such violation also shall constitute grounds for refusing to grant or renew, modifying or revoking the certification of the assisted living residence or of any part thereof. Notwithstanding the existence or use of any other remedy, the department may, in the manner provided by law, maintain an action in the name of the commonwealth for an injunction or other process against any person to restrain or prevent the operation of an assisted living residence without certification under this chapter.[ Subsection (b) effective until December 5, 2024. For text effective December 5, 2024, see below.](b) No person shall knowingly refer an individual for residency to an uncertified assisted living residence. Any person who violates this subsection shall be subject to a civil penalty of not more than five hundred dollars for each such violation assessable by the superior court.[ Subsection (b) as amended by 2024, 197, Sec. 7 effective December 5, 2024. For text effective until December 5, 2024, see above.](b) No person shall knowingly refer an individual for residency to an uncertified assisted living residence. A violation of this subsection shall constitute a violation of chapter 93A and shall be punishable by a civil penalty of not more than five hundred dollars for each such violation assessable by the superior court.