§ 1 — Definitions

Massachusetts § 1

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title II: EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
• Ch. 19D: ASSISTED LIVING

Text

Section 1. When used in this chapter, unless the context otherwise requires, the following terms shall have the following meanings:"Applicant'', any person applying to the department for original certification as a sponsor."Assistance with activities of daily living'', physical support, aid or assistance with bathing, dressing/grooming, ambulation, eating, toileting or other similar tasks."Assistance with'' or "Supervision of instrumental activities of daily living'', providing support, aid, assistance, prompting, guidance, or observations of meal preparation, housekeeping, clothes laundering, shopping for food and other items, telephoning, use of transportation and other similar tasks."Assisted living residence'' or "Residence'', any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:1. provides room and board; and2. provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, assistance with activities of daily living for three or more adult residents who are not related by consanguinity or affinity to their care provider; and3. collects payments or third party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living or arranges for the same.[ Definitions of "Authorized medical professional'', "Basic health services'' and "Care order'' inserted following definition of "Assisted living residence'' or "Residence'' added by 2024, 197, Sec. 2 effective December 5, 2024.]"Authorized medical professional'', an advanced practice registered nurse with prescriptive authority, a physician assistant or a physician; provided, however, that an authorized medical professional shall have been granted authority by a resident to issue care orders for the resident."Basic health services'', certain services provided at an assisted living residence by employees of the residence that are qualified to administer such services or a qualified third party in accordance with a care order issued by an authorized medical professional; 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, 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."Care order'', a written order for basic health services issued by an authorized medical professional.[ Definition of "Department'' effective until January 9, 2025. For text effective January 9, 2025, see below.]"Department'', the executive office of elder affairs.[ Definition of "Department'' as amended by 2024, 392, Sec. 97 effective January 9, 2025. For text effective until January 9, 2025, see above.]"Department'', the executive office of aging and independence.[ Definition of "Elderly housing'' effective until December 5, 2024. Deleted by 2024, 197, Sec. 3.]"Elderly housing'', any residential premises available for lease by elderly or disabled individuals which is financed or subsidized in whole or in part by state or federal housing programs established primarily to furnish housing rather than housing and personal services, as set forth in a listing established by the secretary of elder affairs, and which was never licensed under chapter one hundred and eleven."Manager'', the individual who has general administrative charge of an assisted living residence."Personal services'', assistance with or supervision of activities of daily living, self-administered medication management, or other similar services specified by regulation, but not including concierge services, recreational or leisure services, or assistance with instrumental activities of daily living."Resident'', an adult who resides in an assisted living residence and who receives housing and personal services and, when the context requires or permits, such individual's legal representative."Self-administered medication management'', reminding residents to take medication, opening containers for residents, opening prepackaged medication for residents, reading the medication label to residents, observing residents while they take medication, checking the self-administered dosage against the label of the container, and reassuring residents that they have obtained and are taking the dosage as prescribed.[ Definition of "Skilled nursing care'' effective until December 5, 2024. For text effective December 5, 2024, see below.]"Skilled nursing care'', the skilled services described in 106 CMR 456.252 as revised on July first, nineteen hundred and ninety-one.[ Definition of "Skilled nursing care'' as amended by 2024, 197, Sec. 4 effective December 5, 2024. For text effective until December 5, 2024, see above.]"Skilled nursing care'', skilled services described in 130 CMR 456.409 or any successor regulation."Sponsor'', the person who is named in the certification of an assisted living residence."Supervision of activities of daily living'', reminding residents to engage in personal hygiene and other self-care activities and, when necessary, observing or assisting residents while they attend to activities such as bathing or dressing to assure their health, safety or welfare."Unit'', a portion of an assisted living residence designed for and occupied pursuant to residency agreements by one or more individuals as the private living quarters of such individuals.