[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6250594,"mediaKeyId","3199975-3b7e4848fa817013ee3453a9a76759b2","parentId",3199975,"title","Commission hears calls for clearer rules on CCRC entrance‑fee refunds, reserves and ownership changes","audioSeconds",1767,"startMs",1107000,"endMs",2874000,"viewUrl","/Search/View?dp=1&key=3199975-3b7e4848fa817013ee3453a9a76759b2&start=1107&end=2874","thumbnailUrl","https://assets.pipeline.soar.com/3199975-3b7e4848fa817013ee3453a9a76759b2/thumbnail_1107000.jpg","articleUrl","/articles/6250594/Massachusetts/Commission-hears-calls-for-clearer-rules-on-CCRC-entrancefee-refunds-reserves-and-ownership-changes","mediaUrl","https://secure.pipeline.soar.com/6250594-5281809ddf268d480d4c1e05f275f823/orig.mp4?Expires=1771135457&Signature=eF8xilwXGjthDm7iS31tAYoErLZZvawi0lWTtcEVuNn-HqvO0yMztDfePnC-2g0WVzrhsdvR3JyA5Ge8SWtRBIYMK72F~0-brhiuNyd2qez62Usxwf2M9dF6jb~JNPONZf7CIrpSa~qeIpf5nZ6m1GNqHsACVCX4gTXFp5uWVNJsT7-8oLIsKblDE-sjnLzKKPp9Hd3TTKuOgd6QMjet6LQrtVWsAbi9poUhboHKTRI-hoxv7XL7je7U2fvmirshJIPCmRuT2UB43z5hCf01fGh8C4iUWotM7JidqKln7hERrqKGOIB2bBDdHYB56eRafw0LXjJzEo4xiWZxoyxqZg__&Key-Pair-Id=KUT5TJCACFTXG","author","Massachusetts Legislature","date","2025-05-05T00:00:00Z","article","Commissioners and stakeholders at the special commission on continuing‑care retirement communities spent substantial time debating entrance fees, refund timing and protections for residents when a community changes ownership or closes.

Several attendees said contract language on refunds can be vague. “When does that get returned and under what conditions does that get returned? And that is not clearly defined by the state,” said a representative of MALCRA during public comment. Commissioners and operators agreed that disclosure at admission is common, but the terms and timing of refunds vary by community.

Some members urged minimum reserve requirements to ensure timely repayment. “It would not be unreasonable for us to recommend that any existing CCRC should have should maintain a reserve sufficient to provide timely reimbursement,” said John (participant), arguing that withholding refunds until another resident’s entrance fee is collected can resemble a Ponzi‑like practice.

Operators cautioned that rigid payback timelines could threaten development and ongoing operations. “If it’s guaranteed to be paid back in 60 days . . . you’d put the community in jeopardy quickly,” said a CCRC operator (Jim, participant), noting that entrance‑fee models often fund capital and that rapid repayment requirements can create liquidity pressures for a community.

Panelists also discussed ownership transfers and closures. Participants noted a high national profile for sales that reduced refund percentages or raised fees after a purchase; one participant referenced a widely reported sale in which a new owner increased monthly charges and changed refund terms. The group discussed state procedures for licensed nursing‑facility closures, which must follow DPH’s closure and transfer rules, and flagged the larger problem that those rules do not fully address what happens to residents living in the independent portion of a community if on‑site skilled nursing is eliminated.

Commission members requested further analysis: a count of how many CCRCs have on‑site nursing homes, a list of nonprofit versus for‑profit CCRCs, and documentation on the causes of recent receiverships. A participant cited a state tally: “out of the 29 CCRCs, 22 are nonprofit. So there’s 7 that are for profit,” and DPH staff said they would provide data on how many CCRCs have licensed nursing components.

Why it matters: Entrance fees and refund rules govern large sums paid by older adults and their families. Ambiguous contract terms and changes after sales can materially affect residents’ finances and the financial stability of communities.","mediaType","Video","parentTitle","Continuing Care Retirement Communities - 5-5-2025","oneSentenceSummary","Commission members, providers and advocates debated whether state rules should require clearer refund timelines, minimum reserve levels and stronger protections when CCRCs sell or change ownership; providers warned that rigid rules could hinder development.","taxTitle","2025 Legislature MA, Massachusetts","taxId",77682,"location","Massachusetts","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6250599,"Commission: Massachusetts oversight of continuing-care retirement communities is patchwork of state and federal rules",1917,125000,2042000,"/Search/View?dp=1&key=3199975-3b7e4848fa817013ee3453a9a76759b2&start=125&end=2042","https://assets.pipeline.soar.com/3199975-3b7e4848fa817013ee3453a9a76759b2/thumbnail_125000.jpg","/articles/6250599/Massachusetts/Commission-Massachusetts-oversight-of-continuing-care-retirement-communities-is-patchwork-of-state-and-federal-rules","https://secure.pipeline.soar.com/6250599-e2cbeadf8351488d61ec797b3b539c9f/orig.mp4?Expires=1771135457&Signature=iCw91d9MKVIKAwrTP4swnZn0LMSE67qPvTdwkXzlQLM2rU8BswFSl2XhCQvUQsxbtrpdHu6hVyh-XD02DZmCVU5bWStc3olIdvaEa6bnrazfPVBKM0lc7sLfmJD3HzKVF9cXNiHXUT-XhgHy~P1RWIIbwVNja5uOpkzlZZYgi4XivUNfbEmd6vKm~6rtOYlOCIi3yhm7Ry09OBGBx0jvLCWe59Rr4bz~STeC3Ou2rRGT98RkxoSMkFwXy~Zluniw652NG9xzdQ5KizgTbMJ00V8nLKlTCeQjGvpSrTF4b58cmupoELC4sIqe8cpJJ8XN5a5zl65zeY3mMERO-2dFNg__&Key-Pair-Id=KUT5TJCACFTXG","At a meeting of the special commission on continuing-care retirement communities, researchers and state officials described a fragmented oversight framework that leaves some CCRC services regulated and others exempt.

Representatives from the Executive Office of Aging and Independence, the Attorney General’s Office and the Department of Public Health told the panel that different parts of a typical CCRC—independent housing, assisted-living–style services and licensed nursing facilities—are governed under different rules and by different agencies.

The distinction matters because state assisted-living regulations do not automatically apply to CCRCs. “Our assisted living regulations, 650,112, specifically exempt CCRCs,” said Shavonn Coyle, a lawyer with the Executive Office of Aging and Independence. Coyle said the office nevertheless requires CCRCs to file marketing materials, contracts and disclosure statements and posts those documents on the agency website when communities forward changes.

The Attorney General’s Office emphasized consumer-protection statutes. “CCRCs must comply with the Massachusetts consumer protection laws, which prohibit unfair or deceptive business practices in their marketing, in their contract terms, and also in their delivery of services,” said Jennifer Larew, researcher for the joint committee on aging and independence, referencing the state consumer-protection framework cited to chapter 93 and related authority in the discussion.

Nursing facilities associated with some CCRCs are separately licensed and certified. “We at the division of health care facility licensure and certification . . . oversee nursing facilities,” said Steve Davis of the Department of Public Health (DPH). He told commissioners that DPH conducts federal certification surveys for CMS, generally on a 9–15 month cadence, and that DPH regulates roughly 350 nursing homes (and about 58 stand‑alone rest homes) in the Commonwealth. Davis also said about 17 nursing homes were in receivership at the time of the meeting.

Panelists and members repeatedly noted the absence of a single, consistent definition or regulatory framework that makes it easy for consumers to compare CCRCs. “I don’t think we have any framework that has encouraged that or required that to happen,” said Secretary Lipson, urging more consistent disclosure so prospective residents could compare which communities provide on‑site skilled nursing, contractual relationships with off‑site providers, or other services.

Commission members and agency staff outlined the enforcement tools that do exist: DPH licensing and surveys for nursing facilities, AG enforcement under consumer‑protection law, and the community care ombudsman program that assists older adults across settings. They also flagged limitations: the Executive Office’s posting of disclosure statements does not amount to state vetting of every claim, and assisted‑living regulations apply only where a CCRC markets assisted‑living units separately from the CCRC contract.

The commission scheduled follow‑up work on financial viability, disclosures and consumer protections at its next meeting and set a public hearing for June 16. Staff said slides and the posted disclosure statements would be circulated to commissioners.

Why it matters: The split oversight affects what protections and complaint pathways are available to residents and prospective residents. Consumers may see different rules and recourse depending on whether services are held out as assisted living, are part of the CCRC contract, or fall under a licensed nursing facility.","State and federal officials told a legislative special commission that oversight of continuing-care retirement communities (CCRCs) in Massachusetts is split among multiple agencies and laws, leaving gaps in consumer protections and inconsistent disclosures about services and care levels.","actionData","errors"]

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Commission hears calls for clearer rules on CCRC entrance‑fee refunds, reserves and ownership changes

Commission: Massachusetts oversight of continuing-care retirement communities is patchwork of state and federal rules