DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 13

Citation
§ 13
Parent Document
Ryan v. Mary Ann Morse Healthcare Corp. (2026)
Jurisdiction
Massachusetts (state)
Effective Date
2026-03-13
Original Source
https://www.courtlistener.com/opinion/10808368/ryan-v-mary-ann-morse-healthcare-corp/ ↗

Other Sections in This Document (369)

Full Text

1,154 chars 
9 The plaintiffs have not created a triable issue of fact as
to whether, notwithstanding the express terms of the residency
agreement and Heritage's undisputed provision of various intake
services, Heritage in fact did not charge the fee for these
services, based on deposition testimony from Heritage's
president that "[t]here are no charges when we provide a tour"
or "when [Heritage does] these initial phone calls or meet[ings]
with staff to see if it's a good placement" and that Heritage
does not charge an "application fee," nor impose any charges for
gathering "medical documentation," for the initial "clinical
assessment . . . of the [applicant's] current medical state,"
for "the service coordination plan," for "redo[ing] the service
plan" if "there's a change in clinical status for a resident,"
or for "move-in assistance." In context, the only reasonable
understanding of this testimony is that Heritage does not charge
for each of these services at the time the service is rendered,
as the witness specified in response to the initial questions in
this lengthy series.
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