Yes, you may be able to sue a nursing home under the Consumer Protection Act. Chapter 93A of the Massachusetts General Laws (M.G.L.) may apply when a nursing home’s billing practices, admissions representations, transfer practices, or care-related representations are tied to unfair or deceptive business conduct, such as misleading promises, improper charges, or violations of consumer-protection regulations.
At Colucci, Colucci & Marcus, P.C., founding partner Dino M. Colucci has focused on personal injury litigation since 1988 and has spent over a decade advocating for elderly residents in nursing home negligence matters. Our Boston nursing home abuse attorneys help families pursue full accountability when a facility’s conduct harms a loved one.
In this guide, you will learn how Chapter 93A applies to nursing home abuse cases, what types of conduct may qualify as unfair or deceptive, how these claims differ from standard negligence lawsuits, and what damages may be available. You will also understand the steps involved in bringing a claim, including the demand letter requirement and the evidence needed to support your case.
If a nursing home’s conduct harmed your loved one, Colucci, Colucci & Marcus, P.C. can help you understand your legal options. Call (617) 698-6000 today for a confidential consultation.
What Is the Massachusetts Consumer Protection Law?
Chapter 93A, also called the Consumer Protection Act, prohibits unfair or deceptive acts or practices by businesses operating in trade or commerce. Nursing homes generally operate in trade or commerce when they charge for room, board, and care services; Chapter 93A may apply when the challenged conduct is unfair or deceptive business conduct, not merely ordinary negligence.
If a court finds a knowing or willful Chapter 93A violation, or a bad-faith refusal to grant relief after demand, it shall award no less than double and up to triple the applicable damages. The statute also requires the nursing home to pay the plaintiff’s attorney’s fees if the plaintiff prevails.
The Massachusetts Attorney General‘s Office has issued regulations under 940 CMR 4.00 that define certain unfair or deceptive practices involving long-term care facilities, including admission contracts, charges, residents’ rights, medical treatment and information, and discharge or transfer practices. These regulations are an important enforcement tool for families pursuing claims against nursing homes.
Key Takeaway: Chapter 93A prohibits unfair and deceptive business practices and applies to nursing homes because they operate as commercial businesses. A successful claim can result in double or triple damages if the nursing home’s conduct was knowing or willful, plus mandatory attorney’s fees.
How Does Chapter 93A Apply to Nursing Home Abuse in Massachusetts?
Chapter 93A applies to nursing home cases when a facility’s conduct goes beyond ordinary negligence and rises to the level of an unfair or deceptive business practice. This can include misrepresentations made during the admissions process, fraudulent billing, or systemic neglect that the facility disguises as adequate care.
Can Deceptive Admissions Promises Support a Claim?
Some Boston nursing homes make specific promises during the admissions process about staffing levels, individualized care plans, therapy programs, and overall quality of life. These representations appear in marketing brochures, website content, and admissions contracts. When a facility makes these promises but never intends to deliver, or lacks the resources to do so, the admissions process itself becomes deceptive.
If a nursing home’s admissions materials guarantee a certain nurse-to-resident ratio or promise access to daily physical therapy, and the facility consistently fails to provide those services, the gap between promise and reality can form the basis of a Chapter 93A claim. This type of mismatch may support a Chapter 93A claim if evidence shows the facility knew it could not deliver on its commitments.
Can Billing Fraud or Improper Charges Be a 93A Violation?
Billing fraud is one of the clearest forms of deceptive conduct under Chapter 93A. Nursing homes that charge for services they never provided, bill families for care beyond what was actually delivered, or add hidden charges not disclosed at admission may be engaging in unfair or deceptive acts.
Common billing violations include charges for therapy sessions that never occurred, double-billing for the same services, and charging premium rates for a level of care the resident did not receive. The Attorney General’s regulations under 940 CMR 4.00 specifically address billing transparency requirements, and a violation of these regulations can support a Chapter 93A claim.
Can Understaffing or Care Failures Qualify?
Systemic neglect caused by deliberate understaffing may support a Chapter 93A claim when it is connected to deceptive marketing, misrepresentations about staffing or care quality, regulatory violations, or knowingly having a business practice that harms residents. When a nursing home cuts staffing to increase profits while continuing to market itself as providing quality care, the gap between what the facility represents and what it actually delivers becomes a form of deception.
A 93A claim based on understaffing typically involves a pattern: repeated state inspection violations, chronic staffing below minimum requirements, high rates of pressure injuries or falls, and continued marketing that obscures these problems. Evidence of this pattern is often available through public inspection records and internal staffing logs.
How Is a 93A Claim Different from a Negligence Claim?
A standard nursing home negligence claim and a Chapter 93A consumer protection claim serve different purposes. In a negligence case, you must prove that the nursing home owed your loved one a duty of care, breached that duty, and caused harm. A Chapter 93A claim focuses on the business conduct itself, specifically whether the facility’s actions were unfair or deceptive in the context of trade or commerce.
One of the most important practical differences is the damage structure. A typical negligence claim generally focuses on compensatory damages, while a Chapter 93A claim may add multiple damages and attorney’s fees when the statutory standards are met.
A Chapter 93A claim generally has a four-year statute of limitations. Personal injury/negligence claims generally have a three-year limitations period, and malpractice claims against covered health care providers may also be subject to a three-year period.
| Feature | Negligence Claim | Chapter 93A Claim |
|---|---|---|
| Legal Standard | Breach of duty of care | Unfair or deceptive business practice |
| Damages | Compensatory (medical costs, pain/suffering) | Compensatory + 2x-3x if knowing/willful |
| Attorney’s Fees | Not guaranteed | Mandatory if plaintiff prevails |
| Demand Letter | Not required | Required: 30 days before filing |
| Statute of Limitations | 3 years (medical malpractice) | 4 years |
| Filed Together? | Yes | Yes: both can be pursued in the same case |
Key Takeaway: A negligence claim requires proving the nursing home breached its duty of care. A Chapter 93A claim requires showing the conduct was unfair or deceptive as a business practice. The two claims can be pursued together, and Chapter 93A adds the possibility of multiplied damages and mandatory attorney’s fees that negligence alone does not provide.
What Damages Are Available Under Chapter 93A?
Chapter 93A provides remedies that may go beyond a standard negligence claim, covering actual damages, enhanced damages for knowing or willful violations, and mandatory attorney’s fees. Understanding each component helps families assess the full value of a potential claim.
What Are Actual Damages in a Nursing Home 93A Case?
Actual damages include medical expenses, pain and suffering, emotional distress, and out-of-pocket costs caused by the facility’s deceptive conduct. For billing fraud cases, actual damages also include the money improperly charged. Extended hospitalizations, corrective surgeries, physical therapy, mental health treatment, and the cost of transferring to a new facility all count when they result from the facility’s unfair or deceptive acts.
When Can Damages Be Doubled or Tripled?
Under Section 9 of Chapter 93A, if the court finds that the nursing home’s violation was knowing or willful, it must award no less than double and up to triple the actual damages. This is mandatory once the knowing-or-willful standard is met.
In nursing home cases, this standard may be met when evidence shows the facility had notice of the problem and failed to act. State inspection reports showing repeat violations, internal staffing records documenting chronic shortages, and evidence that administrators ignored complaints can help show the facility knew about dangerous conditions and chose not to correct them.
Does Chapter 93A Cover Attorney’s Fees?
Yes. Section 9 requires the court to award reasonable attorney’s fees and costs to a prevailing plaintiff. This fee-shifting provision is mandatory. Because many nursing home abuse attorneys work on a contingency fee basis, and Chapter 93A provides fee-shifting for prevailing plaintiffs, these cases may be more accessible to families concerned about upfront legal costs.
Key Takeaway: Chapter 93A entitles prevailing plaintiffs to actual damages plus mandatory attorney’s fees. If the nursing home’s violation was knowing or willful, the court must award double or triple the actual damages, making 93A one of the most powerful tools available in nursing home abuse cases.
Boston Nursing Home Abuse Attorneys – Colucci, Colucci & Marcus, P.C
Dino M. Colucci, Esq.
Dino M. Colucci is a seasoned trial attorney and founding partner of the firm, with decades of experience advocating for injury victims, including vulnerable nursing home residents. Recognized for his courtroom skill since law school, he has handled complex, high-profile cases and is frequently cited by publications like The Boston Globe and Massachusetts Lawyers Weekly for his work in personal injury and elder neglect litigation.
Dino’s record includes multiple seven-figure results, such as $2.5 million wrongful death settlements and a $1.8 million product liability case. He is a longtime “Massachusetts Super Lawyer,” holds an AV Preeminent rating, and has been named among the nation’s top attorneys by several organizations. His leadership extends beyond the courtroom, having served as an adjunct professor and trustee at Suffolk University while continuing to secure meaningful outcomes for clients.
Darin Colucci, Esq.
Darin Colucci serves as the firm’s managing partner and brings a strategic, results-driven approach to nursing home abuse and personal injury litigation. A cum laude graduate of Suffolk University Law School and former Law Review editor, he has built a reputation for handling both straightforward and highly complex cases, including those involving elder neglect and serious injuries.
His accomplishments include a $6 million wrongful death settlement and a $70 million recovery in a multi-plaintiff case involving unfair and deceptive practices. Darin has been repeatedly recognized as a “Massachusetts Super Lawyer,” named among Newsweek’s Top 10 Personal Injury Attorneys, and included in the National Trial Lawyers Top 100. In addition to his litigation success, he is a published author and frequent speaker on legal and professional development topics.
Matthew J. Marcus, Esq.
Matthew J. Marcus focuses his practice on elder law, estate planning, and advocacy for individuals with disabilities, areas closely connected to protecting nursing home residents and their families. With advanced legal training, including an LL.M. in Taxation, he brings a comprehensive understanding of the legal and financial issues affecting elderly clients.
Matthew has been selected as a “Massachusetts Super Lawyer” every year since 2006 and is widely respected for his leadership in elder law. He has served on the Board of the National Academy of Elder Law Attorneys, co-chaired the Boston Bar Association’s Elder Law Committee, and contributed extensively to legal education through publications and speaking engagements. His work reflects a deep commitment to safeguarding the rights and well-being of seniors.
What Is the Process for Filing a 93A Claim?
Filing a Chapter 93A claim against a nursing home follows a specific process. The most critical step is the mandatory demand letter, which must be sent before any lawsuit is filed.
What Must the Demand Letter Include?
Before filing a 93A lawsuit, the plaintiff must send a written demand letter to the nursing home at least 30 days before filing suit. Under Section 9(3) of Chapter 93A, the letter must describe the unfair or deceptive conduct, identify the injury or loss suffered, and state the relief demanded.
The demand letter gives the nursing home an opportunity to resolve the dispute without litigation and creates a record that can affect damages at trial. A bad-faith refusal to grant relief after a proper demand may support enhanced damages under Chapter 93A.
What Happens After the Demand Letter?
The nursing home has 30 days to respond with a settlement offer, rejection, or counteroffer. If the nursing home makes a reasonable written settlement offer within 30 days and the plaintiff rejects it, the court may limit recovery to the relief tendered and may deny attorney’s fees and costs incurred after rejection of the reasonable offer. If the facility ignores the demand letter or fails to make a reasonable offer, that response may affect the damages analysis, especially if the refusal was made in bad faith.
How Long Do I Have to File a Chapter 93A Claim?
The statute of limitations for a Chapter 93A claim is four years from the date the cause of action accrues. If your case also includes a medical malpractice or wrongful death claim, those claims may have shorter deadlines. Under M.G.L. c. 260, § 4, the statute of limitations for medical malpractice is three years. Missing any applicable deadline can permanently bar part or all of your claim, so early consultation with an attorney is essential.
Key Takeaway: Before filing a Chapter 93A lawsuit against a nursing home, you must send a written demand letter giving the facility 30 days to respond. The statute of limitations for a 93A claim is four years, but other claims in the same case may have shorter deadlines, making early legal consultation critical.
What Evidence Supports a Nursing Home Chapter 93A Case?
Strong Chapter 93A claims rely on documentary evidence showing the gap between what the nursing home promised and what it actually delivered. An attorney can subpoena records that the facility refuses to produce voluntarily.
Key types of evidence include the following categories, each serving a distinct purpose in establishing liability:
- Admissions contracts and marketing materials: documents showing what the facility promised at admission
- Billing records: invoices and payment history showing charges for services not provided
- State inspection reports: findings from the Massachusetts Department of Public Health (DPH) documenting violations
- Staffing logs: internal records showing actual staffing levels compared to what was promised or required
- Medical records: documentation of injuries, weight loss, pressure injuries, infections, or other signs of neglect
- Witness statements: accounts from family members, former staff, or other residents
Key Takeaway: Strong Chapter 93A nursing home cases are built on documentary evidence, including admissions contracts, billing records showing phantom charges, state inspection reports documenting repeat violations, and staffing data showing deliberate understaffing for profit. An attorney can subpoena these records if the facility refuses to produce them.
Can a Nursing Home’s 93A Violation Be Reported to the State?
Yes. Families can report unfair or deceptive nursing home practices to the Massachusetts Attorney General’s Consumer Protection Division and file complaints about care quality with the Massachusetts Department of Public Health. These steps are separate from a private lawsuit.
A complaint to the Attorney General may trigger an investigation; a complaint to the DPH focuses on care quality and licensing standards. Filing a regulatory complaint does not replace a private lawsuit, but state inspection reports, enforcement orders, and findings of regulatory violations can serve as powerful supporting evidence in a Chapter 93A claim.
Key Takeaway: Filing a complaint with the Massachusetts Attorney General’s Consumer Protection Division or the Department of Public Health does not replace a private lawsuit, but regulatory findings and inspection reports can serve as powerful supporting evidence in a Chapter 93A claim against a nursing home.
Working with a Boston Nursing Home Abuse Attorney
When a nursing home harms your loved one through deceptive practices, the combination of negligence and Chapter 93A claims can provide both accountability and meaningful financial recovery. Acting quickly matters because the demand letter requirement adds a procedural step that takes time, and overlapping statutes of limitations mean delays can limit your options.
At Colucci, Colucci & Marcus, P.C., our Boston nursing home abuse attorneys handle Chapter 93A consumer protection claims, negligence actions, and wrongful death cases in Suffolk County Superior Court, Norfolk County courts, and courts throughout the Commonwealth. Our team is experienced in building the documentary record needed to pursue enhanced damages under Chapter 93A.
Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a confidential consultation. Our office is located at 424 Adams Street in Milton, and serves families in Boston, Quincy, Braintree, Brockton, and surrounding communities.
Frequently Asked Questions
Do I Need a Separate Lawyer for a Chapter 93A Nursing Home Claim?
No. An attorney handling your nursing home negligence case can also pursue a Chapter 93A claim in the same action. Filing both claims together may be more efficient when the facts support both theories.
Can I File a 93A Claim If My Loved One Passed Away in the Nursing Home?
Yes. A wrongful death claim can be brought alongside a Chapter 93A claim in Massachusetts. The estate’s personal representative has standing to file both actions. Survival actions allow the estate to recover for harm the resident suffered before death, while the wrongful death claim addresses the loss to surviving family members.
Does Chapter 93A Apply to Assisted Living Facilities?
Chapter 93A may apply to unfair or deceptive conduct by assisted living residences because they operate in trade or commerce. Assisted living residences are regulated separately under 651 CMR 12.00. As of April 2026, the Massachusetts Attorney General had also announced draft consumer-protection regulations for assisted living residences, but those should not be described as final unless confirmed.
What If the Nursing Home Offers a Settlement After the Demand Letter?
Any settlement offer should be reviewed with an attorney before you respond. Under Chapter 93A, if the nursing home makes a reasonable settlement offer within 30 days and the plaintiff rejects it, the court may limit enhanced damages at trial.
Can I File a Claim Against a Nursing Home Under Chapter 93A and For Negligence at the Same Time?
Yes. Both claims can and often should be pursued simultaneously. A negligence claim addresses the standard of care, while a 93A claim addresses deceptive business conduct. Pursuing both gives your family access to compensatory damages through negligence, plus enhanced damages and mandatory attorney’s fees through Chapter 93A.
What Is the Difference Between a 93A Claim and a Complaint to the State?
A Chapter 93A lawsuit is a private civil action that seeks money damages for your family. A complaint to the Attorney General or Department of Public Health is a regulatory action that may result in enforcement measures against the nursing home but does not provide money directly to you. Both can be pursued at the same time, and regulatory findings can support your private lawsuit.
