Scope and Purpose

(1) 651 CMR 12.00 sets forth the requirements for Certification, renewal of Certification and suitability for Applicants and Sponsors of Assisted Living Residences. The purpose of 651 CMR 12.00 is to promote the availability of services for older adults or persons with disabilities in a residential environment; to promote dignity, individuality, and privacy to support and preserve decision-making ability of such persons and to promote their health, safety, and welfare; to promote the ability of Assisted Living Residents to age in place; and to promote continued improvement of Assisted Living Residences. The Executive Office of Aging & Independence (EOAI) may clarify the substantive provisions of 651 CMR 12.00 by written guidance, instructions, bulletins, or other written issuance. (2) Although the provisions of M.G.L. c. 19D and 651 CMR 12.00 do not apply to the following entities and premises for the original facilities and services for which said entities and premises were originally licensed or organized to provide, if any such entity seeks to have all or part of its premises advertised, operated or maintained as an Assisted Living Residence, it must apply to become Certified in accordance with 651 CMR 12.03: (a) 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 M.G.L. c. 111, § 71; (b) Hospices licensed pursuant to the provisions of M.G.L. c. 111, § 57D; (c) Facilities providing continuing care to residents, as those terms are defined by M.G.L. c. 93, § 76; (d) Congregate housing authorized by M.G.L. c. 121B, § 39; (e) Group homes or supported living programs operating under contract with the Department of Mental Health, MassAbility, or the Department of Developmental Services; (f) 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, Assisted Living 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. (3) The provisions of M.G.L. c. 19D are not applicable 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 primarilyto develop or operate housing rather than to provide housing and personal services in combination. (Mass. Register #1579, 07/31/2026)