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.
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 assumption | What the law actually does |
|---|---|
| The assumptionMoving a resident out is the home's call alone | What the law actually doesOnce a hearing is requested, not until a referee finds the preparation sufficient |
| The assumptionMedical records stay with the facility | What 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)
- 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.