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SENATE DOCKET, NO. 2131 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 390
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to ensure resident safety within assisted living facilities.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthPaul A. Schmid, III8th Bristol3/2/2023Christopher Hendricks11th Bristol3/2/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 3
SENATE DOCKET, NO. 2131 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 390
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 390) of Mark C. Montigny, Paul
A. Schmid, III, Christopher Hendricks and James B. Eldridge for legislation for the promulgation
of regulations to ensure resident safety within assisted living facilities. Elder Affairs.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to ensure resident safety within assisted living facilities.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 9 of chapter 19D of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting at the end thereof the following:
3 “(c) Notwithstanding the provisions of any general or special law to the contrary, every
4assisted living residence shall establish a Human Rights Committee which shall have the
5authority to receive and investigate, or investigate on its own motion, any complaints affecting
6the rights of residents. The executive office of elder affairs shall promulgate regulations
7regarding the composition, terms, and duties of said committee, and shall provide annual training
8for human rights committee members on a regional basis or virtually.
9 The secretary shall designate not less than two employees who shall be trained in
10enforcement and resolution of violations of the human rights of assisted living residents and
11staff. Said Human Rights Officers shall work with assisted living residences human rights
12committees to provide assistance and support in processing resident complaints.”. 2 of 3
13 SECTION 2: Section 14 of said chapter 19D is hereby amended by inserting after the
14words, “sponsor’s covenant to comply with applicable federal and state laws”, the following:- “,
15including chapters 186 and 239 of the general laws,”.
16 SECTION 3. Section 14 of said chapter 19D is hereby further amended by inserting at
17the end thereof the following:-
18 “The Attorney General shall promulgate regulations pursuant to section 2(c) of chapter
1993A of the general laws to protect the consumer rights of residents of assisted living residences,
20including all assisted living residences operated by facilities providing continuing care as defined
21by section 76 of chapter 93, against unfair deceptive acts or practices and to provide that the
22violation of such regulations as well as the regulations pursuant to chapter 19 shall be considered
23a violation of said chapter 93A of the general laws.”.
24 SECTION 4. Section 17 of said chapter 19D is hereby amended by striking, in line 7, the
25words, “director of housing and community development,” and inserting in place thereof the
26following words:- “secretary of housing”.
27 SECTION 5. Said chapter 19D is hereby further amended by inserting after section 18
28the following section:-
29 “Section 19. (a) Each assisted living residence shall ensure twenty-four hour per day
30coverage of at least one on-site AED provider, as defined by section 12V½ of chapter 112. Each
31assisted living residence shall ensure that at least one automated external defibrillator is readily
32available on site. The department shall not issue certification to any assisted living residence in
33violation of this section. 3 of 3
34 (b) Each assisted living residence shall not prohibit a staff person trained in the proper
35administration of cardiopulmonary resuscitation or use of an automated external defibrillator, in
36accordance with the definition of “AED provider” in section 12V½ of chapter 112, from
37administering such emergency assistance to a resident who does not have a documented or
38clearly visible do not resuscitate order. An assisted living residence may require documentation
39of proper training from such staff person before such person is permitted to render emergency
40care in the facility. An assisted living residence may prohibit a staff person not adequately
41trained in the proper administration of cardiopulmonary resuscitation or use of an automated
42external defibrillator from administering such emergency assistance to a resident. Such facility
43shall not retaliate against any trained staff person for rendering emergency assistance, including
44but not limited to, threatened suspension, demotion or loss of employment.”.
45 SECTION 6. The provisions of section 1 of this act shall take effect on July 1, 2025.
46 SECTION 7. Notwithstanding any general or special law to the contrary, the attorney
47general shall promulgate regulations pursuant to section 3 of this act, no later than one year
48following the passage of this act.