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SD 3137

An Act to protect assisted living residents from unfair and deceptive billing practices

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

The bill would prevent enforcing residency termination notice after a resident dies and require a 10-day, no-charge window to remove belongings.

Referred to the committee on Housing
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Bill Summary · SD 3137

Summary: Senate Bill SD 3137 – An Act to protect assisted living residents from unfair and deceptive billing practices

Overview

SD 3137 is a proposed Massachusetts bill introduced on August 14, 2025 by Senator Mark C. Montigny. The bill would amend Chapter 19D (the state’s assisted living statute) to shield residents and their families from unfair billing practices related to termination of residency, specifically in the event of a resident’s death. It is currently referred to the Committee on Housing, with procedural steps including suspension of rules and concurrent referral to Rules (per the bill’s legislative actions).

  • Bill number: SD 3137 (Senate Docket No. 3137)
  • Title: An Act to protect assisted living residents from unfair and deceptive billing practices
  • Introduced: August 14, 2025
  • Current status: Referred to the Committee on Housing (Rules suspended; Rules referral noted)

What the bill would do

  • Clarify that a required notice period to terminate a written residency agreement cannot be enforced if the resident dies.
  • Require sponsors (the assisted living facility or operator) to provide at least 10 days for the removal of the resident’s personal belongings after death, during which there would be no charges, expenses, or other assessments under the residency agreement.
  • The amendments would be added to Section 14 of Chapter 19D, as it appears in the 2024 Official Edition.

Key provisions

  • Amend Section 14, Chapter 19D: At the end of the current text, insert:
    • “A required notice period to terminate a written residency agreement shall not be enforceable upon the death of a resident.”
    • “Upon the death of a resident, a sponsor shall provide not less than 10 days for the removal of personal belongings without charges, expenses, or other assessments otherwise due under a written residency agreement.”
  • Effective date: The act would take effect immediately upon passage.

Affected parties

  • Residents of assisted living facilities and their families/estate
  • Sponsors/operators of assisted living facilities (the parties bound by residency agreements)
  • Potentially, residents’ estates and personal representatives in post-death administration

Procedural/timeline considerations

  • Status: Referred to the Committee on Housing
  • Related actions: Rules suspension and concurrent referral to Rules noted in the legislative actions
  • Filing date: August 13, 2025 (Senate docket), with introduction reflected in Senate No. 2701
  • Immediate effect upon passage if enacted

Potential impact

  • Promotes fair handling of post-death transitions by ensuring a clear, debt-free window for removing belongings.
  • Reduces risk of unfair billing or penalties tied to termination notice in the event of a resident’s death.
  • Clarifies obligations for sponsors during a sensitive period, potentially reducing disputes between facilities and families.

Note: As a proposed bill, its fate depends on committee review and subsequent legislative action.

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

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