"Continuing care", the furnishing to an individual, other than an individual related by consanguinity or affinity to the person furnishing such care, of board and lodging together with nursing services, medical services or other health related services, regardless of whether or not the lodging and services are provided at the same location, pursuant to a contract effective for the life of the individual or for a period in excess of one year.
"Entrance fee", an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of a specified individual as a resident in a facility. No part of any fee payable on a periodic basis for board, lodging, medical or other health related services rendered by the provider to a resident shall be considered as constituting an entrance fee. No application charge or other sum payable in addition to such periodic fees, which does not exceed four times such periodic fees, shall be considered as constituting an entrance fee.
"Facility", the place or places in which a person undertakes to provide continuing care to an individual.
"Living unit", a room, apartment, cottage or other area within a facility set aside for the exclusive use or control of one or more identified individuals.
"Long term care services", a combination of nursing home care, in-home nursing care, assisted living services, independent living services, home health care, personal care, homemaking, case management or comparable services designed to enable a functionally impaired resident to maintain himself and his living unit, as safely and comfortably as is reasonably possible in a continuing care setting as defined herein. For the purposes of this chapter, the term "long term care services" shall also be construed to include necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, or custodial care.
"Provider", a person undertaking to provide continuing care in a facility that charges an entrance fee.
"Resident", an individual entitled to receive continuing care in a facility.
"Residents association", an organization formed by the residents of a facility to represent the residents' interests before providers and to promote and provide for the general welfare of residents.
Any contract drawn in violation of this section may be rescinded by the resident and the resident shall be entitled to a full refund of the entrance fee.
A provider shall forward a copy of any changes in the information required to be provided within thirty days after the provider's utilization of such changed materials with prospective residents or residents of the continuing care facility. A provider intending to market or develop additional units of continuing care who has filed such information with the executive office of elder affairs pursuant to a previous marketing effort on the same units shall not be required to refile unless there has been a change in the information submitted. Said executive office of elder affairs shall make such information available to the public in a manner which shall allow residents and prospective residents to make informed choices regarding the selection of a provider, packages of services and coverage and care alternatives.
Such provider shall forward a copy of the building permit for such continuing care facility to said executive office of elder affairs within thirty days after its issuance by the city or town wherein such facility shall be located.
Any such provider shall forward a copy of any changes in the information required to be provided within thirty days after the provider's utilization of such materials with prospective residents or residents of the continuing care facility. A provider intending to market or develop additional units of continuing care who has filed such information with said executive office of elder affairs pursuant to a previous marketing effort on the same units shall not be required to refile unless there has been a change in the information submitted. Said executive office of elder affairs shall make such information available to the public in a manner which shall allow residents and prospective residents to make informed choices regarding the selection of a provider, packages of services and coverage and care alternatives.
Notwithstanding the remedy set forth in subsection (c), violation of the provisions of this section by a facility shall constitute an unfair and deceptive trade practice under the provisions of chapter ninety-three A.
Mass. Gen. Laws ch. 93, § 76