What Are The Existing Laws Pertaining To Assisted Living?

In 1994, MASS-ALFA was instrumental in passing Chapter 19D of the Massachusetts General Laws, An Act Establishing Assisted Living Residences. The Executive Office of Elder Affairs (EOEA) regulations implementing Chapter 19D are found in 651 CMR 12.00 et seq. Together, the assisted living statute and regulations provide a process for certification, along with required minimum standards and guidelines for assisted living units and services, residency agreements and service plans. The law also specifies assisted living residents’ rights, which emphasize privacy, autonomy and individual choice, and include the right to access to an assisted living Ombudsman program.

A variety of state laws and regulations regarding service delivery, consumer protection, anti-discrimination, and landlord-tenant also pertain to the operation of assisted living residences. At the local level, assisted living sponsors must adhere to the requirements of a variety of regulatory and enforcement authorities such as planning and zoning boards, building, safety and health codes, and historic district commissions. Additionally on the federal level, both the Fair Housing Amendments Act of 1988 and Title III of the Americans with Disabilities Act apply to assisted living, and are designed to protect mentally or physically impaired individuals from discrimination.