Massachusetts Attorney General Andrea Joy Campbell announced on April 6 the release of draft regulations aimed at protecting residents of Assisted Living Residences from unfair and deceptive acts and practices. The proposed rules are designed to address issues such as misrepresentation of available services, improper fees, and unlawful evictions.
The draft regulations represent the first effort under the state’s consumer protection law to specifically regulate assisted living facilities. They were developed by the Attorney General’s Office after gathering input from community partners, elder law attorneys, and members of the Elder Justice Council.
A public comment period is now open until May 1 at 5:00 p.m., during which members of the public can submit feedback via email or mail. A hybrid public hearing will also be held on April 29 in Boston and virtually. After considering public comments, final regulations are expected to be released over the summer.
“When our elders move into assisted living residences, they and their loved ones deserve safe accommodations and clear information about the costs they will pay and services offered,” said AG Campbell. “These regulations will strengthen accountability to ensure that these facilities are fulfilling their commitments and help ensure older adults live with dignity and respect. I look forward to collaborating with community partners as we work to finalize and implement them.”
Assisted Living Residences serve more than 17,000 people in Massachusetts who need assistance with daily activities but can live independently in a home-like setting. The proposed rules require clear disclosure of service costs, guidelines for potential cost increases, transparent information about care limitations or advanced care needs, clarity regarding nursing care availability, and tenant rights protections concerning fees or eviction matters.
The new consumer protection measures complement recent amendments proposed by the Executive Office of Aging & Independence regarding Assisted Living Residences. The drafting process was led by Assistant Attorney General Andrew Musgrave along with staff from the Elder Justice Unit created by AG Campbell in August 2023.
