General Laws of Massachusetts - Chapter 19D Assisted Living - Section 9 Resident rights

Section 9. (a) Every resident of an assisted living residence shall have the right to:

(1) Live in a decent, safe, and habitable residential living environment.

(2) Be treated with consideration and respect and with due recognition of personal dignity, individuality, and the need for privacy.

(3) Privacy within the resident’s unit, subject to rules of the assisted living residence reasonably designed to promote the health, safety and welfare of residents.

(4) Retain and use his own personal property, space permitting, in the resident’s living area so as to maintain individuality and personal dignity.

(5) Private communications, including receiving and sending unopened correspondence, access to a telephone, and visiting with any person of her or his choice.

(6) Freedom to participate in and benefit from community services and activities and to achieve the highest possible level of independence, autonomy, and interaction within the community.

(7) Directly engage or contract with any licensed health care professionals and providers to obtain necessary health care services, in the resident’s unit or in such other space in the assisted living residence as may be made available to residents for such purposes to the same extent available to persons residing in private homes.

(8) Manage his own financial affairs.

(9) Exercise civil and religious liberties.

(10) Present grievances and recommended changes in policies, procedures, and services to the sponsor, manager or staff of the assisted living residence, government officials, or any other person without restraint, interference, coercion, discrimination, or reprisal. This right includes access to representatives of the ombudsman program under section seven hereof.

(11) Upon request, to obtain from the residence in charge of his care the name of the service coordinator or any other persons responsible for his care or the coordination of his care.

(12) To confidentiality of all records and communications to the extent provided by law.

(13) To have all reasonable requests responded to promptly and adequately within the capacity of the residence.

(14) Upon request, to obtain an explanation as to the relationship, if any, of the residence to any health care facility or educational institution insofar as said relationship relates to his care or treatment.

(15) To obtain from a person designated by the residence a copy of any rules or regulations of the residence which apply to his conduct as a resident.

(16) To privacy during medical treatment or other rendering of services within the capacity of the residence.

(17) To informed consent to the extent provided by law.

(18) To not be evicted from the assisted living residence except in accordance with the provisions of landlord tenant law as established by chapter one hundred and eighty-six or chapter two hundred and thirty-nine.

(b) The manager shall ensure that a written notice of the rights, obligations and prohibitions set forth in this chapter is posted in a prominent place in the assisted living residence. This notice shall include the name, address, and telephone numbers of the ombudsman office and the department where complaints may be lodged.

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Last modified: September 11, 2015