Massachusetts’ chief attorney and law enforcement officer is considering drafting new regulations for assisted living providers in the state in an effort she says is to protect assisted living residents from “unfair and deceptive” practices.

Bay State Attorney General Andrea Joy Campbell is seeking public comment to inform the development of consumer protection regulations specific to assisted living, which the state currently does not have. The regulations, she said, would aim to protect residents from unfair and deceptive acts and practices, including misrepresentations by providers about available services, fees deemed inappropriate and evictions deemed illegal.

Citing Chapter 93A of the state Consumer Protection Act, Campbell said she is authorized to create regulations requiring providers to disclose information about the terms of their contract and is authorized to declare that certain acts and practices are illegal.

Owners and operators will benefit from greater clarity regarding their legal obligations, and residents will benefit from stronger protections, the attorney general said.

The head of at least one advocacy group for the state’s senior living industry says the group will work with the attorney general to ensure residents stay safe and assisted living remains a choice accessible and affordable. But he added that the sector is already covered by existing regulations.

Brian Doherty, president and CEO of the Massachusetts Assisted Living Association, said assisted living facilities are overseen by several state entities, including the Executive Office of Elder Affairs and the Executive Office of the Health and Human Services Ombudsman. social services. Additionally, new commissions were created last month by the state’s long-term care bill.

“Many consumers are unaware of the strict assisted living regulations, including the fact that EOEA staff visit each community in person every two years to ensure compliance with the regulations, and sometimes issue enforcement measures which may go as far as suspending the certification of a residence. or a temporary suspension of new admissions until particular aspects of operations are improved,” Doherty said. McKnight Seniors Residence.

He added that incidents affecting residents are reported by assisted living facility staff to the EOEA within 24 hours. Additionally, resident rights are posted in each community and provided to new residents. And under a new law passed this year, the EOEA has the power to impose fines on non-compliant suppliers.

According to the state’s Executive Office of Elder Affairs, more than 17,000 people reside in assisted living communities in Massachusetts. Anyone can provide feedback to the Elder Justice Unit of the Attorney General’s Office via an online form. After collecting comments, Campbell’s office will draft regulations and hold public hearings to get additional feedback.

“Every assisted living resident has the right to live in a safe and livable environment, free from abuse, neglect and exploitation,” Campbell said in a press release. “Our seniors deserve to age safely, with dignity and respect, which is why creating consumer protection regulations for assisted living facilities is so important and addresses their advocacy.”

Limited Medicaid Estate Recovery

Another legislative change that could affect assisted living residents and their families was part of the Improving Long-Term Care Quality and Oversight Act, signed into law by Gov. Maura Healey (D) last month.

The law includes a provision limiting the state’s estate recovery program to the minimum set by the federal government. The new policy also excludes estate recovery for residents receiving assistance under CommonHealth and personal care attendant services.

State Sen. Jo Comerford (D-Hampshire/Franklin/Worcester), who championed the estate recovery provision in the bill, said the state’s Medicaid program, MassHealth, was “going to the “above the federally set floor” that requires state Medicaid programs to recover. estate costs of deceased beneficiaries who received long-term services and supports in medical facilities or nursing homes. Comerford said the state often claims family homes to recoup expenses, saying 90 percent of those reimbursements came from forced sales of family homes.

The new provision limits MassHealth estate recovery to the minimum set by the federal government for nursing home care, home and community-based services, and related hospital and prescription drug services for individuals aged 55 years or more. It also eliminates estate recovery for people with disabilities receiving assistance under MassHealth’s CommonHealth programs.

The law, according to the Massachusetts Law Reform Institute, brings the state in line with the majority of other states when it comes to Medicaid estate recovery.

This spring, a bill was reintroduced to end the practice of Medicaid estate recovery. The Stop Unfair Medicaid Recoveries Act of 2024, first introduced in 2022, would repeal the federal Medicaid Estate Recovery mandate that requires state Medicaid programs to go after families and estates for reimbursement for services Medicaid long-term care, including home and community settings. services provided by operators of assisted living facilities and others, as well as nursing home care.

In a 2021 brief, Justice in Aging called on Congress to amend federal law to eliminate Medicaid estate claims, which Justice in Aging says perpetuate poverty and inequality for minimal return. The brief was written in collaboration with California Advocates for Nursing Home Reform, the National Academy of Elder Law Attorneys, the National Health Law Program, and the Western Center on Law & Poverty.