Definitions

As used in 940 CMR 40.00, the following words have the following meaning: Activities of Daily Living (ADL). Tasks related to bathing, dressing, grooming, ambulation, eating, toileting and other similar tasks related to personal care needs. Administrative Fee or Assessment Fee. Any charge billed to and payable by a Resident as a condition of admission, excluding room, board, and ongoing services, including any fee to conduct an initial screening assessment with each Resident. Advertisement. Any representation (a) made in a newspaper, in a magazine, or other publication; or (b) contained in any notice, handbill, sign, billboard, banner, poster, display, circular, pamphlet, catalog, or letter; or (c) presented through or during the use of any electronic device or the use of a software application, including via telephone, text message, radio, television, or the Internet. Applicant. A person or legal entity applying to EOAI for Certification as a Sponsor of an Assisted Living Residence. Assisted Living Residence or Residence. Any institution or distinct part of an institution, however organized, whether conducted for profit or not for profit, which is advertised, announced or maintained for the express or implied purpose of all of the following criteria: (a) providing room and board; (Mass. Register #1578, 07/17/2026) (b) providing, directly by its employees or through arrangements with another organization which the entity may or may not control or own, Personal Care Services for three or more adults who are not related by consanguinity or affinity to their care provider; and (c) collecting payments or third-party reimbursements from or on behalf of Residents to pay for the provision of assistance with Activities of Daily Living or arranging for the same. Basic Health Services. Certain services provided at an Assisted Living Residence by employees of the Residence who are qualified to administer such services or by a qualified third-party in accordance with a care order issued by a licensed independent provider; provided, however, that such services shall include all of the following: (i) injections; (ii) the application or replacement of simple non-sterile dressings; (iii) the management of oxygen on a regular and continuing basis; (iv) specimen collection and the completion of a home diagnostic test, including, but not limited to, COVID-19, influenza, warfarin, prothrombin or international normalized ratio testing and glucose testing; provided, that such home diagnostic test or monitoring is approved by the United States Food and Drug Administration for home use; and (v) application of ointments or drops. Basic Health Services shall be permitted in Residences certified to provide such services. Certification. EOAI's initial approval, or subsequent renewal of that approval, of the qualifications of an Applicant or Sponsor to operate and maintain an Assisted Living Residence subject to the requirements of M.G.L. c. 19D and 651 CMR 12.00: Certification Procedures and Standards for Assisted Living Residences. Clear and Conspicuous. Without limiting any other provisions of law, disclosures required by these regulations shall be of such size or color contrast and so placed as to be easily noticeable and easilyunderstandable by older adults reading advertising, sales promotional literature, rental agreements, documentation, signage, or bills containing same. A term is conspicuous when it is so written that a person against whom it is to operate ought to have noticed it. A notice or sign is conspicuous when presented in a way that is easily noticeable and difficult to miss in a location frequented by Residents. Language in the body of a form is conspicuous if it is in larger or contrasting type or color. A visual disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, must stand out from any accompanying text or other visual elements so that it is easily noticed, read, and understood. The disclosure must not be contradicted or mitigated by, or inconsistent with, anything else in the communication. Emergency. A situation in which the Resident's medical or psychological condition requires immediate medical attention or treatment; the existence of an emergency shall be determined by a physician or nurse, except that if a physician or nurse is not readily available, the existence of an emergency may be determined by the person on the premises of the assisted living residence who is in charge of the residence's medical or nursing services at the time that the situation giving rise to the emergency occurs or is about to occur. EOAI. The Executive Office of Aging and Independence. Fee. Any charge billed to a Resident by the Assisted Living Residence or payable by a Resident. Instrumental Activities of Daily Living (IADL). Tasks related to meal preparation, housekeeping, clothes laundering, shopping for food and other items, telephoning, use of transportation, and other similar tasks related to environmental needs. Legal Representative. Guardian, Conservator, or attorney in fact under a Power of Attorney, as appropriate. Lessor. Any person, corporation, or other entity that owns the building or land on which an Assisted Living Residence is located. Manager. The individual who has general administrative charge of an Assisted Living Residence. Operator. Any person, corporation, or other entity who operates, maintains, controls, or supervises an Assisted Living Residence. Owner. Any person, corporation, or other entity with a direct or indirect possession of equity in the capital, stock or profits totaling more than 5% of an Assisted Living Residence. Personal Care Service. Assistance with one or more of the Activities of Daily Living and Self-administered Medication Management, either through physical support or supervision. Supervision includes reminding or observing Residents while they perform activities. Rent. The monthly charge a Resident must pay to reside in a Unit. Residency Agreement. The written contract between an Assisted Living Residence and a Resident or prospective Resident on either a temporary (for example, for respite care) or more permanent basis, as well as any later addenda thereto. Resident. An individual who resides in an Assisted Living Residence and who receives housing and Resident Services and, when the context requires or permits, such individual's Legal Representative. Resident Representative. An individual who is authorized by the Resident to help the Resident fully participate in planning services or paying fees. This can, but need not, include the individual's health care agent or Legal Representative Resident Services. Services to assist Residents with Activities of Daily Living (ADL), Instrumental Activities of Daily Living (IADL), Self-administered Medication Management (SAMM), or other similar services, but does not include optional services such as concierge services, recreational or leisure services. Self-administered Medication Management. A process which includes reminding Residents to take medication, opening containers for Residents, opening prepackaged medication for Residents, reading the medication label to Residents, creating written records for the Residents of the administration of doses of the medication, and observing Residents while they take the medication. Service. Any care or product for which the Assisted Living Residence charges a Resident a Fee, including but not limited to Resident Services, Personal Care Services, or optional services, including Basic Health Services. Special Care Residence. The Residence in its entirety or any separate and distinct section or sections within the Residence that provide(s) an enhanced level of supports and services for one or more Residents to address their specialized needs due to cognitive or other impairments. Special Care Unit. A portion of a Special Care Residence designed for and occupied pursuant to a Residency Agreement by one or two individuals as the private living quarters of such individuals. Sponsor. The person or legal entity named in the Certification of an Assisted Living Residence regulated by the EOAI. Unit. A portion of an Assisted Living Residence designed for and occupied pursuant to a ResidencyAgreement byone or two individuals as the private living quarters of such individuals. Total Cost. The maximum price a Resident must pay for a Service, Fee, or Rent, inclusive of all Fees, charges, or other expenses. Written Acknowledgement. A copy of a signed statement by a Resident or the Resident's Legal Representative, preserved in the Resident's personal file, stating that the Resident has received a copy of the documents required to be tendered to the Resident; if a Resident is unable or unwilling to sign their name, the Assisted Living Residence may satisfy the requirement of written acknowledgement by placing a written and dated statement in the Resident's personal records which indicates receipt of the documents and the Resident's inability or unwillingness to sign the Resident's name; such statement must be signed by the person who tendered the required documents to the Resident and by a witness thereto and must include a detailed explanation of the Resident's inability or unwillingness to sign the Resident's name. If the Resident's personal file is an electronic rather than physical file, having an image of the signed statement in the electronic file is deemed to satisfy the need to preserve the Written Acknowledgement.