Submitted by Dixon on Tue, 10/19/2010 - 09:19
Posted in
My mother has been staying in an assisted living facility in Massachusetts for almost six months now. For the first several months she was there she always used the shuttle service that the facility provided to get to the supper market for the little bit of food she keeps in her kitchenette. But now they say residents will have to take a taxi if they want to go to the store becasue they no longer are going to provide a shuttle service. Is that legal? Aren't there some services that assisted living facilities are required by law to provide? Thanks.
assisted living services
The services that must be provided by assisted living facilities in Massachusetts are spelled out in several places, including: (1) The Residency Agreement or Lease entered by and between the facility and the resident, (2) Individual service plans, and (3) in Massachusetts General Laws Chapter 19D (and regulations promulgated thereunder). So, different residents may, depending on their level of need, receive different services, sometimes at an additional fee.
Massachusetts General Laws Chapter 19D, Section 10 does spell out several required services, including: (1) three meals a day, (2) housekeeping services, (3) personal laundry services (for a fee), (4) opportunities for socializing and access to community resources, and (6) "timely assistance to residents and to respond to urgent or emergency needs, by the presence of twenty-four hour per day on-site staff capability, by the provision of personal emergency response devices for all residents or similar means for the purpose of signaling such staff."
Obviously, an assisted living community is free to offer other, additional services, and many offer such things as transportation and barber or beauty services. So, the answer to your question will likely be found in the Residency Agreement your mother signed. While transportation to and from the super market is not required by Massachusetts law, she may be entitled to it under the terms of that contract.
If the contract does provide for transportation and the facility refuses to provide it, you should ask a Massachusetts elder law attorney to look into the matter for you or try contacting the Massachusetts Office of Elder Affairs. Good luck.