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Living In A Nursing Home

G.L. c. 111, § 70E — residents' rights, and a hearing that holds a discharge

In Massachusetts, one section sets out the rights of every patient or resident of a licensed facility, including a nursing or rest home. Every resident receives written notice of the rights on admission, and the rights are posted in the facility.

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Records, bills and consent. A resident has the right to confidentiality of records and communications as far as the law provides, to inspect their medical records and receive a copy, to an itemized bill on reasonable request where billing applies, and to informed consent to the extent provided by law.

A hearing holds a discharge. A resident who requests a hearing shall not be discharged or transferred from a nursing facility unless a referee determines the facility has provided sufficient preparation and orientation to ensure a safe and orderly move to another safe and appropriate place.

Enforcement. Anyone whose rights under the section are violated may bring a civil action, in addition to any other action the law allows.

The assumptionWhat the law actually does
The assumptionMoving a resident out is the home's call aloneWhat the law actually doesOnce a hearing is requested, not until a referee finds the preparation sufficient
The assumptionMedical records stay with the facilityWhat the law actually doesThe right to inspect them and receive a copy

Facilities taking Medicare or Medicaid funding are subject to a further set of federal resident rights alongside these, which are not on this page. Whether conduct breaches the section is a question for a licensed Massachusetts attorney.

Sources for this section (1)
  1. G.L. c. 111, § 70E — Patients' and residents' rights

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.

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