Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Subsection (a) of section 76 of chapter 93 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the definition of "Living unit" the following definition:-

"Long term care services", a combination of nursing home care, in-home nursing care, assisted living services, independent living services, home health care, personal care, homemaking, case management or comparable services designed to enable a functionally impaired resident to maintain himself and his living unit, as safely and comfortably as is reasonably possible in a continuing care setting as defined herein. For the purposes of this chapter, the term "long term care services" shall also be construed to include necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, or custodial care.

SECTION 2. Said section 76 of said chapter 93, as so appearing, is hereby further amended by adding the following two subsections:-

(d) For the purpose of this subsection, "marketing" shall include but not be limited to establishment of a waiting list, acceptance of money, property or other consideration or distribution of marketing brochures by the provider. Any provider intending to market or develop continuing care pursuant to a contract which would require prepayment for some or all of the covered long-term care services or intending to market or develop additional units of such continuing care shall forward a copy of the following information to the executive office of elder affairs within thirty days following the implementation of marketing of the continuing care facility:

(1) the disclosure statement required under subsection (b) to be delivered to the persons with whom the contract for continuing care is to be entered;

(2) the contracts for continuing care to be entered into by the provider under subsection (c) with a person who will occupy a living unit in a continuing care facility; and

(3) any available advertising or promotional material to be used in conjunction with such marketing effort.

A provider shall forward a copy of any changes in the information required to be provided within thirty days after the provider's utilization of such changed materials with prospective residents or residents of the continuing care facility. A provider intending to market or develop additional units of continuing care who has filed such information with the executive office of elder affairs pursuant to a previous marketing effort on the same units shall not be required to refile unless there has been a change in the information submitted. Said executive office of elder affairs shall make such information available to the public in a manner which shall allow residents and prospective residents to make informed choices regarding the selection of a provider, packages of services and coverage and care alternatives.

Such provider shall forward a copy of the building permit for such continuing care facility to said executive office of elder affairs within thirty days after its issuance by the city or town wherein such facility shall be located.

(e) A provider providing continuing care on the effective date of this statute under a contract which would require prepayment for some or all of the covered long-term care services shall, within thirty days after such effective date, forward a copy of the following information to the executive office of elder affairs:

(1) the disclosure statement required under subsection (b) to be delivered to the persons with whom the contract for continuing care shall be entered;

(2) the contract for continuing care to be entered into by the provider under subsection (c) with a person who will occupy a living unit in any such continuing care facility;

(3) any available advertising or promotional material to be used in conjunction with such marketing effort; and

(4) a copy of the building permit for such continuing care facility.

Any such provider shall forward a copy of any changes in the information required to be provided within thirty days after the provider's utilization of such materials with prospective residents or residents of the continuing care facility. A provider intending to market or develop additional units of continuing care who has filed such information with said executive office of elder affairs pursuant to a previous marketing effort on the same units shall not be required to refile unless there has been a change in the information submitted. Said executive office of elder affairs shall make such information available to the public in a manner which shall allow residents and prospective residents to make informed choices regarding the selection of a provider, packages of services and coverage and care alternatives.

Notwithstanding the remedy set forth in subsection (c), violation of the provisions of this section by a facility shall constitute an unfair and deceptive trade practice under the provisions of chapter ninety-three A.