If you have a parent or loved one living in a Massachusetts assisted living residence, or if you’re in the process of choosing one, new proposed regulations from Attorney General Andrea Campbell’s office are worth understanding. They represent the first time the state has moved to apply consumer protection law directly to assisted living facilities, and they come with a deadline that affects families right now.
What Prompted the New Regulations
The push for oversight has been building since the July 2025 fire at Gabriel House in Fall River, which killed ten residents and injured dozens more. In the aftermath, the state’s Assisted Living Residences Commission found that information provided to families about facilities was often confusing, that costs were difficult to compare across facilities, and that residents lacked basic protections most tenants take for granted.
AG Campbell’s office released draft regulations on April 6 that would address those gaps directly. A public hearing is scheduled for April 29, 2026, and written public comments are being accepted through May 1, 2026 at [email protected]. Final regulations are expected over the summer.
What the Draft Regulations Would Require
The proposed rules would make it a violation of Massachusetts consumer protection law for an assisted living residence to:
- Fail to itemize all costs for housing, personal care, medical services, and other care in a straightforward service agreement
- Charge a resident for a service they did not request or agree to
- Increase a service charge without providing at least 60 days’ notice
- Misrepresent the scope of nursing or medical care available at the facility
- Carry out an unlawful eviction
Facilities would also be required to disclose upfront whether a resident’s care needs exceed what the facility can provide, so families aren’t caught off guard after a loved one has already moved in.
Why This Matters for Families Considering Assisted Living
More than 17,000 Massachusetts residents currently live in over 270 certified assisted living facilities across the state. Unlike nursing homes, which are subject to extensive federal and state oversight, assisted living residences have operated in a regulatory environment that gave families relatively little recourse when facilities failed to deliver on their promises.
That gap has real consequences. Families have reported being billed for services never rendered, receiving inadequate notice of fee increases, and discovering too late that a facility couldn’t actually provide the level of care their loved one needed. Under current law, pursuing a claim in those situations is difficult. If these regulations are finalized, violations would be enforceable under Massachusetts General Laws Chapter 93A, which allows injured consumers to seek up to triple damages and attorney’s fees when a business engages in willful or knowing unfair or deceptive practices.
What Families Can Do Now
If your loved one is currently in an assisted living facility and you have concerns about billing practices, the adequacy of care being provided, or the way a discharge or transfer was handled, these proposed regulations signal that the state is taking these issues seriously. But the regulations aren’t final yet, and existing legal options already exist for families who have suffered real harm.
Depending on the circumstances, claims involving assisted living facilities can overlap with personal injury law, medical malpractice, wrongful death, and consumer protection claims. The facts of each situation determine which avenues are available.
If you believe a family member has been harmed through negligence, inadequate care, or deceptive practices at a Massachusetts assisted living facility, contact Weigand Law at 508-775-3118 or email [email protected] for a free consultation.
Attorney Blair E. Weigand — Helping those with legal questions for 35 years and counting.