Mass. Gen. Laws ch. 19D, sec. 11 — MA Code / Part I / Title II / Chapter 19D / Section 11
Admittance requirements
Status: in_force

Section 11. No assisted living residence shall admit a resident who requires 24–hour skilled nursing supervision unless such resident elects to receive basic health services from residences that are certified to provide such services or from qualified third parties. No assisted living residence shall provide skilled nursing care or admit or retain a resident in need of skilled nursing care unless such resident elects to receive basic health services and the following criteria are met: 1. The care will be provided by a home health agency certified under Title XVIII of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended or an entity licensed under chapter one hundred and eleven, on a part-time, intermittent basis for not more than a total of ninety days in any twelve-month period, or by a licensed hospice. 2. The certified home health agency, entity licensed under chapter one hundred and eleven of the General Laws, or hospice does not train assisted living residence staff to provide the skilled nursing care. 3. The individual to whom the skilled nursing care is provided is suffering from a short-term illness. For the purposes of this section ''short-term illness'' is defined as either a medical condition for which recovery can be expected to occur with not more than ninety consecutive days of skilled nursing care or a medical condition requiring skilled nursing care on a periodic, scheduled basis. For the purposes of this section, nursing services provided by a certified home health agency or entity licensed under chapter one hundred and eleven such as injection of insulin or other drugs used routinely for maintenance therapy of a disease, or licensed hospice care may be provided without respect to the ninety day limitation.

Section 11. No assisted living residence shall admit a resident who requires 24–hour skilled nursing supervision unless such resident elects to receive basic health services from residences that are certified to provide such services or from qualified third parties. No assisted living residence shall provide skilled nursing care or admit or retain a resident in need of skilled nursing care unless such resident elects to receive basic health services and the following criteria are met:

1. The care will be provided by a home health agency certified under Title XVIII of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C. 301, as amended or an entity licensed under chapter one hundred and eleven, on a part-time, intermittent basis for not more than a total of ninety days in any twelve-month period, or by a licensed hospice.

2. The certified home health agency, entity licensed under chapter one hundred and eleven of the General Laws, or hospice does not train assisted living residence staff to provide the skilled nursing care.

3. The individual to whom the skilled nursing care is provided is suffering from a short-term illness. For the purposes of this section ''short-term illness'' is defined as either a medical condition for which recovery can be expected to occur with not more than ninety consecutive days of skilled nursing care or a medical condition requiring skilled nursing care on a periodic, scheduled basis. For the purposes of this section, nursing services provided by a certified home health agency or entity licensed under chapter one hundred and eleven such as injection of insulin or other drugs used routinely for maintenance therapy of a disease, or licensed hospice care may be provided without respect to the ninety day limitation.