Legal Question in Elder Law in Massachusetts

Re: elder law - criminal law

Under federal law, a nursing home may not discriminate based on the ability to pay or because of a patient's medical condition (even where that condition causes behavioral problems). However, I am not aware of any law which says a nursing home cannot screen out due to criminal history.

In the last few years, several Massachusetts nursing homes have been sued (and one even faced a criminal charge) after residents who were registered sexual offenders assaulted other residents. Since then, I would think that most rehabs and nursing homes have become understandibly nervous about such admissions. I am not aware of any cases where a nursing home has been sued by an offender who sought admission.

You may wish to contact the Department of Public Health in Boston -- they are the agency responsible for licensing Massachusetts nursing homes -- and see what they say.