Under 651 CMR 12.03, anyone seeking to establish or maintain an assisted living facility must file an application for certification. The Assisted Living Statute's regulatory process is overseen by the Executive Office of Elder Affairs, which is responsible for certification of assisted living facilities. For a transfer of ownership of an existing certified facility, a prospective sponsor must apply for certification at least thirty days prior to the proposed transfer. Certifications are issued for two years, and a renewal application filed more than thirty days prior to expiration of certification will entitle the sponsor to automatic certification renewal until such time as EOEA notifies the facility otherwise. Sponsors must update information required by EOEA whenever the information changes.
Certification is valid only for the named sponsor originally certified.
Certification must be posted conspicuously in the assisted living facility and is automatically revoked upon EOEA's refusal to renew, or a transfer of ownership, change of name or closure of the assisted living facility. If a sponsor wants to close or sell an assisted living facility for other business use, the sponsor must notify EOEA ninety days prior to the proposed transaction. No specific provision is made for the imposition of penalties if the sponsor does not comply with these requirements. The bathroom and bathing facility requirements may be waived at the discretion of EOEA upon sufficient proof by the sponsor that a waiver will serve public necessity or convenience, will insulate the sponsor from undue economic hardship, and will otherwise foster the creation of a home-like residential environment. A Service Plan must be developed prior to the resident's entry and must be updated every six months or more frequently if the resident's health status or family circumstances change.