Mass. Gen. Laws ch. 19D, sec. 3 — MA Code / Part I / Title II / Chapter 19D / Section 3
Certification of assisted living residences; exemptions
Status: in_force

Section 3. (a) No person shall advertise, operate or maintain an assisted living residence without the certification required under this chapter, including assisted living residences sponsored by the following entities; provided, however, that the provisions of this chapter shall not apply to entities for the original facilities and services for which said entities were originally licensed or organized to provide: (i) convalescent homes, licensed nursing homes, licensed rest homes, charitable homes for the aged or intermediate care facilities for persons with an intellectual disability licensed pursuant to section 71 of chapter 111; (ii) hospices licensed pursuant to the provisions of section 57D of said chapter 111; (iii) facilities providing continuing care to residents, as those terms are defined by section 76 of chapter 93; (iv) congregate housing authorized by section 39 of chapter 121B; (v) group homes or supported living programs operating under contract with the department of mental health, the rehabilitation commission or the department of developmental services; or (vi) housing operated for only those duly ordained priests or for the members of the religious orders of the Roman Catholic church in their own locations, buildings, residences or headquarters to provide care, shelter, treatment and medical assistance for any of the said duly ordained priests or members of the said religious order. (b) The provisions of this chapter shall not apply to any residential premises available for lease by elderly or disabled individuals that is financed or subsidized in whole or in part by local, state or federal housing programs established primarily to develop or operate housing rather than to provide housing and personal services in combination; provided, however, that such premises are not currently licensed under chapter 111.

Section 3. (a) No person shall advertise, operate or maintain an assisted living residence without the certification required under this chapter, including assisted living residences sponsored by the following entities; provided, however, that the provisions of this chapter shall not apply to entities for the original facilities and services for which said entities were originally licensed or organized to provide: (i) convalescent homes, licensed nursing homes, licensed rest homes, charitable homes for the aged or intermediate care facilities for persons with an intellectual disability licensed pursuant to section 71 of chapter 111; (ii) hospices licensed pursuant to the provisions of section 57D of said chapter 111; (iii) facilities providing continuing care to residents, as those terms are defined by section 76 of chapter 93; (iv) congregate housing authorized by section 39 of chapter 121B; (v) group homes or supported living programs operating under contract with the department of mental health, the rehabilitation commission or the department of developmental services; or (vi) housing operated for only those duly ordained priests or for the members of the religious orders of the Roman Catholic church in their own locations, buildings, residences or headquarters to provide care, shelter, treatment and medical assistance for any of the said duly ordained priests or members of the said religious order.

(b) The provisions of this chapter shall not apply to any residential premises available for lease by elderly or disabled individuals that is financed or subsidized in whole or in part by local, state or federal housing programs established primarily to develop or operate housing rather than to provide housing and personal services in combination; provided, however, that such premises are not currently licensed under chapter 111.