Amendment ID: S2889-17-R1

Redraft Amendment 17

Continuing Care Retirement Communities Special Commission

Messrs. Rush, Keenan, Moore and Payano move that the proposed new text be amended by inserting after section 22 the following section:-

“SECTION 22A. (a) There shall be a special commission to study oversight of continuing care retirement communities to protect the consumer and financial rights of residents.

(b) The commission shall consist of: the chairs of the joint committee on elder affairs, who shall serve as co-chairs; the attorney general or a designee; the secretary of elder affairs or a designee; the commissioner of public health or a designee; 3 persons to be appointed by the governor, 1 of whom shall be a certified public accountant or an actuary and 2 of whom shall be residents at a continuing care retirement community; a representative of  the Massachusetts chapter of National Academy of Elder Law Attorneys; a representative of LeadingAge Massachusetts, Inc.; a representative of Massachusetts Assisted Living Association, Inc.; a representative of AARP Massachusetts; a representative of the Alzheimer’s Association; a representative of Massachusetts Advocates for Nursing Home Reform, Inc.; a representative of the Massachusetts Life Care Residents’ Association, Inc.; a representative of Massachusetts Senior Care Association, Inc.; and a representative of Local 1199 SEIU. The commission shall meet not less than 6 times and shall hold not less than 1 public hearing.

(c) The commission shall study and report on: (i) continuing care retirement communities, their care contracts and their impact on consumers; (ii) the financial viability of such communities; (iii) the payment and return of entrance fees at such communities; (iv) statutory and regulatory oversight of such communities, including any activities by state agencies to enforce regulatory requirements; (v) advertising practices communicated to potential residents and families about such communities; and (vi) regulatory procedures for the closure or change of ownership of such communities.

(d) The commission shall submit a report with recommendations, including legislation or regulations necessary to carry out such recommendations, to the clerks of the house of representatives and the senate, the joint committee on elder affairs and the senate and house committees on ways and means not later than August 1, 2025.”