Code of Massachusetts Regulations › 651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS › Title 651 CMR 12.00 - Certification Procedures and Standards for Assisted Living Residences › Section 12.14 - Inapplicability of Certain Laws and Regulations to Assisted Living Residences

Current through Register 1525, July 5, 2024
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.