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SD 480

An Act ensuring access to a resident representative in long-term care facilities

194th Legislature (2025-2026) Introduced by Mark Montigny

The bill creates a formal framework allowing long-term care residents to designate a representative to assist in decision-making, access information, and attend care plan meetings.

House concurred
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Bill Summary · SD 480

Summary: SD 480 — An Act ensuring access to a resident representative in long-term care facilities

What this bill aims to do

  • Establish a formal framework to ensure residents of long-term care facilities can nominate or have a designated representative to support decision-making, access information, manage certain affairs, and receive notifications.
  • Require the state Department of Public Health (DPH) to define “resident representative” in regulation, aligning with federal law, and to apply this definition to licensure and standards for long-term care facilities under Chapter 111.
  • Ensure residents are informed of their rights to choose a representative and that the representative may accompany the resident to care plan meetings.

Key provisions

  1. Regulatory definition of “resident representative”

    • The DPH must promulgate regulations defining “resident representative” in accordance with federal law for purposes of standards and licensure of long-term care facilities (Chapter 111).

  2. Resident notification requirement

    • Each licensed long-term care facility must notify every resident, both verbally and in writing, of:
      • The resident’s right to choose a representative.
      • The representative’s permission to accompany the resident to care plan meetings and to support the resident in decision-making.

  3. Inclusive categories of “resident representative” (the term includes, but is not limited to):

    • (1) An individual chosen by the resident to assist in decision-making; to access medical, social, or other personal information; to manage financial matters; or to receive notifications.
    • (2) A person authorized by state or federal law (e.g., powers of attorney, representative payees, fiduciaries) to act on behalf of the resident.
    • (3) A legal representative as used in section 712 of the Older Americans Act.
    • (4) For residents adjudicated to lack capacity, the court-appointed guardian or conservator to give informed consent.

  4. Limitation on scope

    • The bill clarifies that nothing in the act expands the authority of a resident representative beyond what the resident has authorized, federal law permits, or a court has decreed.

Who would be affected

  • Residents of long-term care facilities: Gains a clearly defined right to appoint and work with a representative in decision-making and care planning.
  • Families and guardians/POAs: May assume or confirm roles as resident representatives under the new framework.
  • Long-term care facilities: Must implement notification processes and comply with regulatory definitions once issued by the DPH.
  • Department of Public Health: Responsible for drafting the regulatory definition and enforcing compliance.

Procedural and timeline aspects

  • Introduced: February 27, 2025.
  • Status: House concurred (as of the provided information).
  • Legislative actions: Referred to the Senate/House Public Health process in the 2025-2026 session; a similar measure previously appeared as Senate Bill No. 1417 in 2023-2024.
  • Implementation timeline: The bill triggers regulatory rulemaking by the DPH to define “resident representative.” Specific effective dates depend on the enacted bill and subsequent regulatory adoption.

Why this matters

  • Aims to strengthen resident autonomy and consent in long-term care settings.
  • Provides a standardized, legally grounded approach to who may act as a resident representative and under what authority, reducing ambiguity for residents, families, and facilities.
  • Aligns Massachusetts standards with federal classifications and protections for residents in long-term care.

Compiled from official sources — confirm details with the bill’s official record.

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