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S 2701

Relates to the trustees of the Freeholders and the Commonalty of the town of Southampton, county of Suffolk

2025 Regular Session Introduced by Tony Palumbo

Massachusetts: Protects assisted-living residents by blocking post-death charges, bans enforceable notice periods, and guarantees at least 10 days to remove belongings with no fees.

REPORTED AND COMMITTED TO FINANCE
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Bill Summary · S 2701

Summary — S.2701 (2025): Protecting assisted living residents from unfair and deceptive billing practices

Purpose

This bill amends Massachusetts law governing assisted living residency agreements to protect residents and their families from certain charges and to guarantee a short, charge-free period to remove personal belongings after a resident’s death.

Key provision(s)

  • Amends Section 14 of Chapter 19D of the Massachusetts General Laws (as in the 2024 Official Edition) by adding the following rule:
    • A required notice period to terminate a written residency agreement is not enforceable upon the death of a resident.
    • Upon a resident’s death, the assisted living sponsor must provide at least 10 calendar days for removal of the resident’s personal belongings, during which the sponsor may not impose charges, expenses, or other assessments that would otherwise be due under the residency agreement.
  • Effective date: the act takes effect immediately upon passage.

Who is affected

  • Primary beneficiaries: residents of assisted living residences and their families, estates or legal representatives (who will have a guaranteed, charge-free timeframe to retrieve belongings after death).
  • Impacted entities: assisted living providers/sponsors operating under Chapter 19D residency agreements (may need to change contract language and intake/exit procedures).
  • Secondary: estate administrators, funeral directors, and local housing/health regulators involved in post-mortem transitions.

Potential impacts and considerations

  • Consumer protections: prevents facilities from enforcing contractual notice periods (and associated fees) against a deceased resident’s estate, reducing surprise or potentially predatory post-death billing.
  • Operational effects for providers: may reduce ability to collect certain fees in post-death scenarios and could require changes to turnover and storage policies; facilities will have a mandated minimum 10-day window before pursuing charges or disposing of belongings.
  • Fiscal effect: likely modest and facility-specific — potential reduction in fee revenue tied to termination notice periods after death; administrative adjustments could entail minor operational costs.
  • Legal/contractual: operators will need to revise residency agreements and policies to comply; enforcement would be through appropriate state administrative or civil means under applicable law.

Legislative status and notes

  • Bill title (per text): “An Act to protect assisted living residents from unfair and deceptive billing practices.”
  • Introduced in the Massachusetts Senate by Sen. Mark C. Montigny (text shows him as the presenter).
  • The provided status field lists: REPORTED AND COMMITTED TO FINANCE. A hearing (written testimony only) was scheduled for 11/10/2025.
  • Note: the supplemental metadata supplied with the request contains inconsistent/duplicated action dates and an unusual list of sponsors (several U.S. Senators and an Assembly member) that do not match the bill text attributing sponsorship to Sen. Mark C. Montigny. The authoritative sponsor and bill language are those in the bill text (Montigny; amendment to M.G.L. c.19D, §14).

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

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