MILTON, MA – Nursing home residents in Massachusetts are protected by a comprehensive set of legal rights that facilities must honor from the moment of admission, and violations of those rights can have serious consequences for both the facility and its residents. Boston nursing home abuse attorney Dino M. Colucci of Colucci, Colucci & Marcus, P.C. (https://www.coluccilaw.com/blog/massachusetts-nursing-home-residents-rights-MGL-111-70E/) is detailing the specific protections that M.G.L. c. 111, Section 70E provides to residents of long-term care facilities throughout Boston and Massachusetts, including the legal remedies available when those rights are violated.
According to Boston nursing home abuse attorney Dino M. Colucci, Section 70E, commonly known as the Patients’ Bill of Rights, requires every nursing home to provide residents with a written copy of their rights upon admission and to post those rights in a visible location within the facility. The statute was first enacted in 1979 and most recently amended by St. 2022, c. 144, Section 25, effective March 1, 2023. It applies to convalescent and nursing homes, rest homes, charitable homes for the aged, hospitals, clinics, and state-operated veterans’ homes across Massachusetts. “Nursing homes cannot claim ignorance of their obligations,” Colucci explains. “The statute imposes an affirmative duty to inform residents about what they are entitled to receive at the time of admission.”
Boston nursing home abuse attorney Dino M. Colucci notes that Section 70E guarantees an extensive list of individual rights organized in two categories. The first set addresses the resident’s relationship with the facility and access to information, including the right to know who is responsible for their care, confidentiality of records and communications, itemized billing showing laboratory and pharmaceutical charges, and freedom of choice in selecting a facility or physician. The second set focuses on treatment, consent, and personal autonomy, guaranteeing the right to informed consent, privacy during medical care, the right to refuse to be examined or treated by students without losing access to care, and the right to prompt emergency treatment without discrimination based on economic status or payment source.
Attorney Colucci emphasizes that one of the most important protections in Section 70E deals with involuntary transfers and discharges. A resident who requests a hearing under M.G.L. c. 118E, Section 48 cannot be discharged or transferred unless a referee determines the facility has provided sufficient preparation and orientation to ensure a safe and orderly transfer. Federal regulations under 42 C.F.R. Section 483.15 add another layer of protection, requiring adequate notice before any transfer or discharge. The Attorney General’s regulations under 940 CMR 4.09 require facilities to discuss planned discharges with the resident and take all reasonable steps to carry out their preference. “These protections are especially important because they ensure residents are not simply moved out without proper process,” he notes.
Partner Darin Colucci adds that Section 70E includes an explicit enforcement provision allowing residents whose rights have been violated to bring a civil action under M.G.L. c. 231, Sections 60B through 60E. This right exists in addition to any other legal action available under law or regulation, meaning families can pursue a Section 70E claim alongside a negligence or medical malpractice lawsuit. “This creates a separate legal pathway that does not depend on proving traditional negligence,” he observes. The Massachusetts Consumer Protection Act under M.G.L. c. 93A may also apply when a facility’s conduct rises to the level of an unfair or deceptive practice, though the Supreme Judicial Court clarified in Darviris v. Petros that simple negligence does not automatically meet that threshold. A successful Chapter 93A claim can result in attorneys’ fees and, in some cases, double or triple damages.
The firm notes that common violations of Section 70E in Boston-area nursing homes include changing medications or treatment plans without explaining risks or obtaining the resident’s agreement, restricting access to medical records, failing to respond to reasonable requests in a timely manner, and retaliating against residents who raise concerns. In 2024, the Massachusetts Long-Term Care Ombudsman Program reported that its three largest complaint categories were residents’ autonomy, choice, and rights; admissions, transfers, discharges, and evictions; and environment. Families who suspect rights violations should report concerns to the Massachusetts Department of Public Health Consumer Complaint Line at (800) 462-5540.
Attorney Matthew Marcus points out that Massachusetts generally provides three years to file a personal injury lawsuit under M.G.L. c. 260, Section 2A, and four years for consumer protection claims under Chapter 93A. A demand letter must be sent to the facility at least 30 days before filing a 93A claim. “Consulting an attorney promptly helps preserve the right to take legal action,” Marcus advises, “particularly when evidence may be at risk of being altered or destroyed.” Section 70E operates alongside federal regulations under 42 C.F.R. Part 483, state regulations under 105 CMR 150.000, and the Attorney General’s regulations under 940 CMR 4.00, establishing multiple layers of protection and accountability for nursing home residents throughout Massachusetts.
For families with concerns about a loved one’s care in a Boston or Massachusetts nursing home, contacting an experienced nursing home abuse attorney may help clarify available legal options and protect a resident’s rights under state and federal law.
About Colucci, Colucci & Marcus, P.C.:
Colucci, Colucci & Marcus, P.C. is a Milton-based personal injury law firm dedicated to representing elderly and vulnerable residents in nursing home abuse and negligence cases throughout Massachusetts. Led by founding partner Dino M. Colucci, managing partner Darin Colucci, and partner Matthew Marcus, the firm handles cases in Suffolk County Superior Court and courts across the state, with offices in Milton serving clients in Boston and throughout Massachusetts. The firm works on a contingency fee basis. For consultations, call (617) 698-6000.
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