The Board of Health on Monday agreed on a date for its public hearing with Golden Pond Assisted Living regarding the facility’s ongoing heating issues and briefly discussed its options for further regulating assisted living businesses in Hopkinton.

Health Director Shaun McAuliffe informed the board that he planned to meet with legislators later in the week about the issues at Golden Pond. He stated that the officials he plans to meet with have identified problems with assisted living homes across Massachusetts and are looking at how to adjust the state’s existing regulations.

McAuliffe also explained that he had met with engineers in charge of a facility in Cambridge that utilizes a similar type of hydronic heating system to that of Golden Pond. “They say it’s very difficult to manage their interior heat within the regulatory thresholds during the shoulder seasons,” McAuliffe reported.

As a result, the engineers “proactively monitor” weather reports and will turn the system on and off in response to the forecast, he added, noting that this type of heating system takes up to three days to shut down.

Issues with Golden Pond’s heating system during the “shoulder seasons” — periods of time between warmer and cooler seasons — apparently caused excessive temperatures in the facility last month. While investigating the death of an 86-year-old resident at Golden Pond on Sept. 30, public safety officials found the thermostat in her room read 99 degrees. 

Medical transports from Golden Pond increased between Oct. 1-16, and elevated temperatures were found in the building until work was scheduled to repair the heating system. The Hopkinton Health Department has conducted routine visits to the facility to audit the temperature controls through its authority on housing codes, and the Executive Office of Aging and Independence (AGE) ordered Golden Pond last month to pause admissions until multiple deficiencies were addressed.

The Board of Health has been considering holding a public hearing with Golden Pond officials in recent weeks. At the board’s previous meeting on Oct. 29, the board expressed frustration over “stonewalling” and Golden Pond not being upfront about the issues it is experiencing. 

Members agreed at that meeting that Golden Pond’s response to the Board of Health’s order of corrections was insufficient, and a hearing was necessary. In the response to the board, Golden Pond director of operations Doug Noble claimed the facility’s heating changeover occurred without incident and cited climate change as an aggravating factor.

“Their own temperature [logs] demonstrate that they are not in compliance,” McAuliffe told the board Monday.

“I find it disappointing they are denying the temperatures were there, as we have the log and the evidence,” said chair Nasiba Mannan.

Looking ahead, the board agreed on scheduling the public hearing during its next meeting on Dec. 14. Member Malcolm Smith asked McAuliffe to look into having town counsel in attendance. 

New housing regulations explored

McAuliffe explained that he recently had conversations with representatives from West Springfield who had dealt with “a similar issue” regarding assisted living facilities. As a result, the town had enacted new housing code regulations. Upon review, he remarked that those regulations could fit in well with Hopkinton’s and proposed that the board consider adopting them.

He explained that the regulations would require all assisted living facilities in Hopkinton to submit emergency plans to the Hopkinton Fire Department and Health Department. The written copies of the plans would go on file with both departments, and the board would have the authority to impose fines if the facilities fail to provide the documentation.

Items in the proposed emergency plans include the assisted living organization’s approvals and certificates, contact information for responsible personnel and owners, relocation and family notification procedures, evidence of liability insurance and more.

Health Department administrator Nidia LaRoche told the board that if members were interested in pursuing new regulations as a course of action, McAuliffe would need to develop a draft and submit it for review at the board’s next meeting. From there, the board would need to hold a public hearing as it has done previously for its regulations on the Nicotine-Free Generation and kratom/synthetic THC.

Vice chair Mary Jo Ondrechen wondered if it made more sense to pursue the proposed changes through Town Meeting. McAuliffe responded that it would be easier for the Health Department to pass a regulation than hoping a bylaw change gets approved at Town Meeting.

The board directed McAuliffe to draft the regulations for review at a future meeting.