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SD 3838

An Act relative to assisted living residences in the Commonwealth

194th Legislature (2025-2026) Introduced by Pat Jehlen

Creates an Assisted Living Residences Trust Fund to fund oversight, compliance, and resident protections, and forms a task force to improve ALR affordability and access.

Referred to the committee on Aging and Independence
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Bill Summary · SD 3838

Summary of SD 3838 (Session 194th) — An Act relative to assisted living residences in the Commonwealth (Massachusetts)

Purpose and intent

  • Establishes a dedicated framework and funding mechanism to regulate, support, and improve access to assisted living residences (ALRs) in the Commonwealth.
  • Creates a pathway to enhance quality assurance, oversight, affordability, and information for residents, families, and providers of ALRs.
  • The bill also contemplates a statewide assessment of affordability and financing models for ALRs and requires a formal task force to study and recommend improvements.

Key provisions and changes

1) Creation of the Assisted Living Residences Trust Fund

  • Establishes a separate fund within the General Laws (referred to as the Assisted Living Residences Trust Fund) administered by the Secretary of Aging and Independence.
  • Purpose of the fund (administrative use):
    • Staffing for assisted living certification units
    • Certification compliance reviews
    • Investigation of complaints and incidents
    • Ombudsman services for residents and families
    • Public-facing data, reporting, and accountability
    • Managing appeals of findings and fines
    • Oversight enhancements
  • Fund sources (revenue streams):
    • Certification application and renewal fees (from chapter 19D)
    • Fines, civil penalties related to ALRs
    • Appropriations and earmarked funds
    • Amounts recovered in civil actions related to ALRs
    • Bond revenues, grants, gifts, settlements
    • Any income from investments or loan repayments
    • Other designated funds from public or private sources
  • Financial governance:
    • The department seeks to maximize revenues via federal funds, matching funds, and grants
    • Unexpended balances roll over to subsequent fiscal years
    • Fund balances are excluded from consolidated net surplus calculations
    • The fund is not subject to annual appropriation (i.e., it operates with its own funding)

2) Integration with ALR fees and penalties

  • Certification fees collected under chapter 19D (Sec. 4) must be deposited into the Assisted Living Residences Trust Fund.
  • Fines and civil penalties collected under chapter 19D (Secs. 6 and 8) must also be deposited into the Fund.

3) Expansion of regulation to ALRs in health facility statutes

  • Amends language in long-term care facility sections to explicitly include “assisted living residences” as defined in chapter 19D, broadening regulatory scope.

4) ALR affordability and access Task Force (Section 7)

  • Establishes a task force to study and recommend ways to improve access to affordable ALRs.
  • Task force composition includes:
    • Secretary of Aging and Independence (chair), Secretary of Housing and Livable Communities, MassHealth assistant secretary, Commissioner of Public Health
    • Legislative leadership from aging and independence committees
    • Minority leaders of the House and Senate
    • Representatives from housing finance and economic development organizations
    • Industry associations (LeadingAge Massachusetts, Massachusetts Assisted Living Association, Massachusetts Senior Care Association, MassPACE)
    • Four gubernatorial appointees with specific expertise areas:
    • Affordable ALR development
    • Operation of affordable ALRs
    • Representation for low-income tenants
    • A resident or family member of an ALR resident
  • Key areas for consideration in recommendations:
    • Operational definition of an “affordable assisted living residence”
    • Target population and service needs
    • Inventory of qualifying ALRs
    • Cost assessment (service, housing, operations)
    • Gaps in the continuum of care for older adults
    • Statewide need for qualifying residences
    • Sustainable “housing plus services” financing models
    • Financing and affordability models used elsewhere (other states, Medicaid-supported options)
    • Reconciliation with subsidized housing options
    • Feasible affordability models for ALRs in Massachusetts
  • Reporting deadline: Not later than December 31, 2027
    • Task force must deliver findings, recommendations, and proposed legislation to relevant clerks and committees.

Who is affected

  • ALR providers and operators (via regulatory scope and funding for oversight, compliance, and staffing)
  • Residents of ALRs and their families (via enhanced protections, ombudsman services, and affordability considerations)
  • Individuals seeking to access ALR services (through potential changes in affordability and financing)
  • State agencies (Secretary of Aging and Independence, MassHealth, Department of Public Health, Housing agencies) and local/regulatory bodies
  • General public through improved data, accountability, and reporting on ALRs

Procedural and timeline aspects

  • Bill filed and referred to the Senate Committee on Aging and Independence; rules considerations occurred in April 2026.
  • Creation of the ALR Trust Fund and related deposit requirements into the fund are immediate provisions upon enactment.
  • The affordability task force must convene and issue findings by December 31, 2027.
  • The bill envisions ongoing fund management without annual appropriation, with balances rolling to future years.

Note: This summary reflects the bill text as filed (April 2026) and outlines proposed structural and policy changes, including funding, oversight, and a forthcoming policy study.

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

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