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HD 3941

An Act relative to assisted living facility residences appeal of findings

194th Legislature (2025-2026) Introduced by Dave Muradian

Creates an informal appeal process for assisted living facilities to contest EOEA findings; a 10-member review committee issues recommendations, with EOEA retaining final authority.

Senate concurred
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Bill Summary · HD 3941

Summary: An Act relative to assisted living facility residences appeal of findings (HD 3941)

Overview

This bill adds an informal dispute resolution mechanism within the Executive Office of Elder Affairs (EOEA) to allow assisted living facility residences to appeal findings that require corrective action. The process is designed to provide a formal avenue for review while preserving EOEA’s ultimate authority to approve or deny recommendations.

What the bill does

  • Creates an informal dispute resolution process for assisted living facilities to contest agency findings that require corrective action.
  • Establishes a review committee to assess appeals and make recommendations.
  • Maintains EOEA’s final authority to accept or deny the committee’s recommendation and to notify the facility in writing of the outcome.

Key provisions

  • Right to appeal: Facilities may request an appeal in writing within 10 days of receiving the EOEA’s formal findings.
  • Appeal committee: A 10-member committee (5 voting members and 5 alternates) to review appeals.
    • Membership includes representatives from:
    • Massachusetts Senior Care Association
    • LeadingAge of Massachusetts
    • MassALA (Massachusetts Alzheimer’s Association)
    • The Commonwealth’s Ombudsman Program (defined in Chapter 19A)
    • EOEA
    • The EOEA representative from the list serves as committee chairperson.
  • Committee process:
    • All members may participate in discussions; only voting members may vote.
    • Conflict of interest: any member with a conflict must declare it and will not participate in discussion.
    • Decision-making: recommendations are based on committee consensus; if no consensus, a majority vote determines the recommendation.
  • EOEA role: EOEA retains authority to accept or deny the committee’s recommendation and must notify the residence in writing of the final determination.

Who is affected

  • Primary: Assisted living facilities/residences subject to EOEA findings and corrective actions.
  • Indirect: Residents of assisted living facilities (via enhanced due process and potential changes to enforcement actions).
  • Stakeholders: Advocacy groups and ombudsman programs involved in the review process; EOEA administers the process.

Procedural and timeline aspects

  • Effective window to initiate appeal: 10 days after receipt of findings.
  • Review body: 10-member committee with specified organizational representation and a chair from EOEA.
  • Outcome: EOEA issues the final determination in writing; the committee provides a recommendation (consensus or majority vote).

Legislative status

  • Introduced: February 27, 2025.
  • Referred to the Committee on Elder Affairs: February 27, 2025.
  • Senate concurred: February 27, 2025.
  • The bill is part of the 2025-2026 General Court; further action (House passage and signature) would be required for enactment.

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

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