Relations to Other Laws and Regulations

(1) Although the provisions of 940 CMR 40.00 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 will be subject to 940 CMR 40.00: (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, the Rehabilitation Commission, or the Department of Developmental Services; and (f) 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 primarily to develop or operate housing rather than to provide housing and personal services in combination; provided, however, that such premises are not currently licensed under M.G.L. c. 111.