LEGISLATION, ADVOCACY, AND EDUCATION
1. How to Contact Your Massachusetts State Legislators
Click on the link following to find the name and contact information for your State Senator and your State Representative https://malegislature.gov/Search/FindMyLegislator.
2. Pending Legislation
Two bills concerning Continuing Care Retirement Communities (CCRCs) were introduced in the Massachusetts legislature in January 2019. One would require CCRCs to give prospective residents a separate document that describes their entrance fee refund policy. The other would establish a commission to study CCRCs.
CCRC Entrance Fee Disclosure
There are both a House version and a Senate version. This bill would require CCRC providers to give prospective residents a separate document describing their entrance fee refund policy. Versions of the bill have been introduced in both the Massachusetts House and the Massachusetts Senate.
H.617 An Act relative to disclosing continuing care retirement community entrance fees (Elder Affairs) https://malegislature.gov/Bills/191/H617
S.368 An Act relative to disclosing continuing care retirement community entrance fees (Elder Affairs) https://malegislature.gov/Bills/191/S368
Establishment of a Commission to Study CCRCs
A Senate bill would establish a commission to study financial security and care issues affecting CCRCs.
S.378 Resolve relative to a special community care retirement communities commission (Elder Affairs) https://malegislature.gov/Bills/191/S378
Click here for an article about these bills from the Massachusetts Chapter of the National Academy of Elder Law Attorneys.
3. Past Advocacy Success: Massachusetts CCRC Residents’ Rights Law
MLCRA initiated and advocated for the passage of a Continuing Care Retirement Community “residents rights” law that went into effect in Massachusetts in 2013. It is an amendment to a previous law about CCRCs. The amendment gives CCRC residents the right to establish a Residents’ Association and to receive information about the organization, operation and finances of their communities.
Residents have the right to receive, “upon request,” a current disclosure statement that includes a financial statement as well as information about the legal status (e.g., for profit or non-profit corporation) and organization of the facility. Residents may request information and submit comments on issues that affect their health and welfare. They may also receive, “upon request,” information concerning major construction, expansion or renovation of their facility.
Acts of 2012, Chapter 419. An Act relative to residents of continuing care retirement communities. https://malegislature.gov/Laws/SessionLaws/Acts/2012/Chapter419
Massachusetts General Law Chapter 93, Section 76
This is the full text of the law about Continuing Care Retirement Communities. The residents’ rights amendment (above) is incorporated into this. Most of the amendment is at the end in subsections (f) and (g). Subsection (b) lists the information that must be included in the disclosure statement provided to prospective and current residents.
Full text of MGL chapter 93, section 76