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

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14In a similar vein, the plaintiffs argue that (a)
Heritage, rather than performing an assessment of its own costs
of providing ALR-specific intake services in setting the fee,
instead relied on "industry survey studies" to determine how
much it could reasonably charge; (b) Heritage did not alter the
amount of the community fee based on changes over time in its
costs of providing ALR-specific services; (c) Heritage charges
only a partial community fee when a resident leaves within 180
days of moving in and does not charge any fee, despite rendering
ALR-specific services, when a prospective resident is the spouse
of an existing resident or chooses not to move into Heritage
after beginning the intake process; (d) the "payroll for the
individuals who purportedly performed these services dwarfed the
amount of the collected [fees]"; and (e) starting in July 2020,
the defendant consolidated Heritage's payroll with the payroll
for the defendant's nursing home and paid both businesses'
payrolls out of an account associated with the nursing home
rather than from the general operating account into which the
community fees were deposited.
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