Bill
S 494
Assisted living residences may charge rent and fees for at most 10 days after a resident’s death, with exceptions for personal property removal and prorated charges if a new reside
Status and timeline
- Introduced: February 10, 2025 (Senate Docket No. 1310; presented by Senator John C. Velis).
- Committee activity (per provided record): read twice and referred Feb 10, 2025; referred to various committees including Elder Affairs and Aging and Independence; hearing scheduled for 09/16/2025 (10:00 AM–1:00 PM). The bill text states it takes effect 60 days after passage.
Purpose
- To limit how long assisted living residences may charge rent and fees after a resident dies, by prohibiting enforcement of a 30‑day vacancy notice following a resident’s death and defining a shorter allowable charge period and related procedures.
Key provisions
- Amends Section 9 of Chapter 19D (Massachusetts General Laws) by adding subsection (c) with the following rules for assisted living residences:
- Prohibits enforcement of a 30‑day notice‑of‑vacancy policy when a resident dies.
- Facilities may charge rent and fees for no more than 10 days from the date of the resident’s death.
- If the deceased resident’s personal property blocks reuse of the room, the 10‑day charging period does not begin until after the family, estate, or responsible party has removed those items.
- If a new resident moves into the room before the 10‑day period ends, the facility must prorate the 10‑day charge from the date of occupancy and return the prorated amount to the family, estate, or responsible party.
Who is affected
- Assisted living residences licensed under Chapter 19D (operators/owners) — operational and billing practices would need adjustment.
- Deceased residents’ families, estates, or other responsible parties — financial liability for post‑death room charges would generally be limited to 10 days (with the timing caveat related to removal of personal property).
- Prospective/new residents — potential for more rapid room turnover.
Potential impacts and administrative considerations
- Financial: Facilities that previously enforced 30‑day vacancy charges may see reductions in short‑term revenue following a resident’s death.
- Operational: Facilities may need revised admissions agreements, billing policies, and clearer procedures for property removal and room turnover.
- Legal/contractual: Existing contract language may require amendment to comply with the statutory 10‑day cap; disputes could arise over when property “impedes reuse” or timely removal by responsible parties.
- Enforcement: Implementation and oversight likely involve the state agency that licenses assisted living residences (Elder Affairs or equivalent).
Notes on record inconsistencies
- The supplied metadata contains conflicting or out‑of‑place entries (e.g., an initial title referencing honey bee colonies, multiple and differing committee referrals, and a list of federal senators as cosponsors). This summary is based on the bill text filed as “An Act relative to nursing home policies regarding notice of vacancy” (S.494 / Senate Docket No. 1310). If you need clarification, provide the authoritative bill document or legislative web page and I can reconcile discrepancies.
Compiled from official sources — confirm details with the bill’s official record.
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