AN ACT RELATIVE TO RESIDENTS OF CONTINUING CARE RETIREMENT COMMUNITIES.
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 2010 Official Edition, is hereby amended by adding the following definition:-
“Residents association”, an organization formed by the residents of a facility to represent the residents’ interests before providers and to promote and provide for the general welfare of residents.
SECTION 2. Said section 76 of said chapter 93 of the General Laws, as so appearing, is hereby further amended by adding the following 2 subsections:-
(f) Residents may:
(1) establish a residents association and elect the officers of the residents association;
(2) receive, upon request, a current copy of the facility’s disclosure statement as described in subsection (b), and providers shall, upon request, make a reasonable effort to explain the terms and information contained within the disclosure document; provided, however, that nothing in this paragraph shall be construed to modify the contractual rights of residents or providers and providers may make reasonable provisions for the form and manner in which such requests shall be submitted;
(3) submit comments to providers on matters that may affect the health and welfare of residents and affecting the future of the facility, including but not limited to, the facility’s size and ownership and the provider’s financial health; provided, that providers may make reasonable provisions for the form and manner in which such comments shall be submitted; and provided further, that, to the maximum extent feasible, providers shall seek comment from residents when designing or adopting policies that significantly affect the future of the facility;
(4) receive, upon request, information regarding any major construction, modification, expansion or renovation of the facility, including information on cost estimates, funding, financing, projected income, schedule and impacts on the existing facility; provided, that providers may make reasonable provisions for the form and manner in which such requests shall be submitted; and
(5) receive, upon request, information regarding the purpose and intended funding of all financial reserves kept by the provider; provided, that providers may make reasonable provisions for the form and manner in which such requests may be submitted.
(g) Providers shall, to the maximum extent practicable:
(1) offer a reasonable explanation of any adjustments in monthly fees and other major fees paid by residents;
(2) inform residents of matters that may affect the health and welfare of residents and affecting the future of the facility, including but not limited to, the facility’s size and ownership and the provider’s financial health; provided, that on such matters, providers shall facilitate communications between residents and management and between residents and boards or owners, which may include residents’ representation on the provider’s managing body, but need not depend solely on board representation; and
(3) make use of applicable standards and practices to maintain and project each facility’s operational and financial viability, and, upon request, give that information regarding such standards and practices used by providers to the residents; provided, that providers may make reasonable provisions for the form and manner in which such requests shall be submitted.
Approved, January 8, 2013.