651 Mass. Reg. 12.14 : — EXECUTIVE OFFICE OF ELDER AFFAIRSCertification Procedures and Standards for Assisted Living Residences — Inapplicability of Certain Laws and Regulations to Assisted Living Residences

In accordance with M.G.L. c. 19D, § 18(a), premises or portions of premises Certified as Assisted Living Residence shall not be subject to the following laws:

(a) the determination of need process applicable to health care facilities in the Commonwealth as set forth in M.G.L. c. 111, §§ 25B through 25H;

(b) the licensing requirements for hospitals or institutions for unwed mothers or clinics set forth in M.G.L. c. 111, § 51;

(c) the patients and Residents rights requirements set forth in M.G.L. c. 111, § 70E;

(d) the HTLV-III testing, confidentiality and informed consent requirements applicable to a health care facility under M.G.L. c. 111, § 70F; however, physicians for health care providers to Assisted Living Residences are subject to these requirements;

(e) the licensing requirements for convalescent and nursing homes, rest homes, charitable homes for the aged, intermediate care facilities for the mentally retarded and infirmaries maintained in towns (long term care facilities) set forth in M.G.L. c. 111, § 71;

(f) the requirements for deposit of inpatient or Resident funds for a long term care facility as set forth in M.G.L. c. 111, § 71A;

(g) the requirements for classification of long term care facilities set forth in M.G.L. c. 111, § 72;

(h) the requirements for lighting and ventilation for convalescent or nursing homes set forth in M.G.L. c. 111, § 72C;

(i) the requirements for telephone access for long term care facilities set forth in M.G.L. c. 111, § 72D;

(j) the requirements for notices of violations, plans of correction, penalties and enforcement for long term care facilities set forth in M.G.L. c. 111, § 72E;

(k) the patient abuse reporting requirements applicable to long term care facilities under M.G.L. c. 111, §§ 72H through 72L;

(l) the receivership requirements for long term care facilities set forth in M.G.L. c. 111, §§ 72M through 72U;

(m) the requirements for storage space for long term care facility residents set forth in M.G.L. c. 111, § 72V;

(n) the requirements for long term care facility nurses aide training set forth in M.G.L. c. 111, § 72W;

(o) the requirements for no smoking areas in nursing homes as set forth in M.G.L. c. 111, § 72X;

(p) the requirements for nursing pool regulations for long term care facilities set forth in M.G.L. c. 111, § 72Y;

(q) the penalties regarding unlicensed operation of a long term care facility under M.G.L. c. 111, § 73;

(r) the exemption from Department of Public Health licensing or inspection rules regarding long term care facilities operated by the First Church of Christ, Scientist in Boston set forth in M.G.L. c. 111, § 73A;

(s) the requirements for long term care facilities operated for duly ordained priests, or for members of the religious orders of the Roman Catholic Church in their own locations, buildings, Assisted Living Residence or headquarters to provide care for such priests or members of said religious orders set forth in M.G.L. c. 111, § 73B;

(t) the requirement for a special permit under local zoning by-laws for the use of structures as shared elderly housing upon the issuance of a special permit, and the six person occupancy, age and other conditions deemed necessary for such special permits to be granted as set forth in the seventh full paragraph of M.G.L. c. 40A, § 9.

651 CMR 12.14

Amended by Mass Register Issue 1279, eff. 1/30/2015.

Amended by Mass Register Issue 1330, eff. 1/13/2017.

Amended by Mass Register Issue 1428, eff. 8/5/2020.