PETITION OF:

SECTION 1. Section 4 of said chapter 19D, as so appearing, is hereby amended by inserting after the second sentence the following sentence:-

Upon the construction and opening of a new assisted living facility the department shall issue an initial one year provisional certification.

SECTION 2. Section 5 of said chapter 19D, as so appearing, is hereby amended by inserting after the second sentence the following sentence:-

The executive office of elder affairs through its certification unit shall provide continuous and ongoing training on an annual basis for assisted living residence in the recertification process. This training shall include but not be limited to the following: interpretation of the general laws, regulations and procedures and policies.

SECTION 3. Said section 5 of said chapter 19D is hereby further amended by inserting after the fourth sentence the following sentence:-

The compliance review process shall be an interactive process with sharing of information and recommendations between the assisted living facility and the executive office of elder affairs.

SECTION 4. Said chapter 19D is hereby amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. The department may impose a civil penalty, deny, suspend or revoke a certification in any case in which it finds there has been a failure or refusal to comply with the requirements established under this chapter or the regulation promulgated there under. A fee schedule for penalties based upon a failure to cure deficiencies or repeat violations shall be developed between the assisted living facility and the executive office. The civil penalties that shall be not less than $100.00 nor more than $500.00 per day, based on the nature and level of the offence. When a violation of a requirement, under this chapter, is brought to the attention of the assisted living facility there shall be a period to correct the violation. During this correction period, no fine shall be imposed. If the violation is corrected during the correction period, no fine shall be levied upon the assisted living facility. Notice of a fine, denial, revocation, suspension or modification and the sponsor’s or applicant’s right to an adjudicatory proceeding shall be governed by the provisions of chapter 30A.

SECTION 5. Section 7 of said chapter 19D, as so appearing, is hereby amended by adding the following sentence:-

The program in conjunction with assisted living providers, shall establish clear and consistent protocols for collecting and reporting information in order to better evaluate trends in assisted living operations.

SECTION 6. Section 15 of said chapter 19D, as so appearing, is hereby amended by adding the following paragraph:-

(d) Notwithstanding regulations promulgated by the department, employees with the required General Orientation or Special Care Residence General Orientation training as required by the executive office of elder affairs shall be transferable for each employee from one Residence to another.

SECTION 7. Section 16 of said chapter 19D, as so appearing, is hereby amended inserting after the first sentence the following sentence:-

The eviction process within an assisted living residence is based on a landlord tenant relationship. The provisions of chapter 186 shall apply in any eviction proceeding of a resident from an assisted living facility.

SECTION 8. Section 1 of chapter 209A of the General Laws, as so appearing, is hereby amended by inserting after the words “same household”, in line 15 the following words:-

“or residing in an assisted living facility as defined in chapter 19D or the operator of a facility as defined in chapter 19D”