Amendment ID: S2889-38-R2

2nd Redraft Amendment 38

Transparency and Accountability for Assisted Living Residences

Messrs. Montigny, Tarr and Collins move that the proposed new text be amended by inserting after section 22 the following section:-

“SECTION 22A.  (a) Notwithstanding any general or special law to the contrary, there shall be an assisted living residences commission to study and recommend policies to ensure assisted living residences adequately meet the health and safety needs of residents. The areas examined by the commission shall include, but not be limited to: (i) the current statutory and regulatory oversight of assisted living residences; (ii) assisted living best practices in other states; (iii) the impacts  of licensing or certifying such residences; (iv) advertising practices of assisted living residences to potential residents and their families; (v) regulatory procedures for opening, closing or changing ownership of a residence, including determination of need processes and clustering of facilities; (vi) trends in incident reports made to the executive office of elder affairs and the long term care ombudsman’s office and resolutions of such incidents; (vii) methods to provide transparency of information for potential consumers and family members researching and comparing residences; (viii) safety standards; (ix) existing consumer protections for residents in statutes and regulations; and (x) basic health services in residences.

(b) The commission shall consist of: the secretary of elder affairs, who shall serve as chair; the commissioner of public health or a designee; the assistant secretary of MassHealth or a designee; the long term care ombudsman or a designee; the chairs of the joint committee on elder affairs; 1 member to be appointed by the senate president; 1 member to be appointed by the speaker of the house; 1 member to be appointed by the senate minority member; 1 member to be appointed by the house minority member; 1 members to be appointed by the governor; a representative of the Massachusetts chapter of the National Academy of Elder Law Attorneys; a representative of LeadingAge Massachusetts, Inc.; a representative of the Massachusetts Assisted Living Association, Inc.; a representative of AARP Massachusetts; a representative of the New England chapter of the Gerontological Advanced Practice Nurses Association; a representative of the Massachusetts chapter of the Alzheimer’s Association; a representative of MassPACE, Inc.; a representative of Greater Boston Legal Services, Inc.; and 2 of whom shall be residents or family members of residents at an assisted living residence. The commission shall meet not less than 5 times and shall hold not less than 1 public hearing.

(c) The commission shall file its report and recommendations, including any proposed legislation necessary to carry out its recommendations, to the clerks of the senate and house of representatives, the joint committee on elder affairs and the house and senate committees on ways and means not later than August 1, 2025.”.