Public Hearing Notice  Public Hearing for Proposed Amendments to 651 CMR 12.00: Certification procedures and standards for assisted living residences

 Notice of Public Hearing

Pursuant to M.G.L. c. 30A, § 2, M.G.L. c. 19A, § 6, and M.G.L. c. 19D, a public hearing will be held on Thursday, February 26, 2026, at 10:00 A.M., relative to the adoption of proposed amendments to:

651 CMR 12.00: Certification Procedures and Standards for Assisted Living Residences. (Click Regulation Title for Link to Regulation)

The Executive Office of Aging & Independence (AGE) proposes amendments to the assisted living regulations pursuant to the statutory requirements at Chapter 197 of the Acts of 2024, secs. 2 through 11, inclusive, including the addition of Basic Health Services certification requirements, which would permit ALRs to seek and obtain separate certification to directly provide Basic Health Services.  Basic Health Services 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 State Food and Drug Administration for home use; and (v) application of ointments or drops. Other proposed amendments ensure the health, safety, and welfare of Residents, including to enhance fire and other safety requirements, update staff training related to emergency equipment and medications, as well as ensure related policies of the use of such equipment and medications are maintained by the Residence. The amendments also update general setting requirements, such as requiring a communal activity area. The proposed amendments update the ALR application process, including updating requirements to ensure the identification of owners or others with interest. Additionally, the amendments align with the new statutory authority for AGE to issue fines for a Residence’s failure to comply with regulatory provisions. Further, the amendments clarify staffing requirements as well as AGE’s authority relating to compliance reviews and findings of noncompliance.

This hearing will be conducted remotely. To join the hearing online or by phone, see below.

Link to join the Zoom meeting

Meeting ID: 926 1947 5104
Passcode: 375797

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Meeting ID: 926 1947 5104
Passcode: 375797

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To register to testify at the hearing, please email AGElegal@mass.gov.

Written testimony and public comments from interested parties may be submitted.  All written submissions must be submitted to: AGElegal@mass.gov. Written testimony may also be submitted to the following address:

Executive Office of Aging & Independence
One Ashburton Place, 10^th Floor
Boston, MA 02108
Attention: P. Sullivan

Please submit electronic testimony via email as an attached Word or PDF file with the name of the regulation in the subject line. All submissions must include the sender’s full name, mailing address, and organization or affiliation, if any. All written testimony, whether submitted via the Postal Service or electronically, must be received by 5:00 p.m. on Friday, March 6, 2026.

To review the current draft of the proposed amended regulations, visit www.mass.gov/orgs/executive-office-of-aging-independence-age or request a copy in writing from the address noted above.

Reasonable accommodations for people with disabilities are available upon request. Please include a description of the accommodation you will need, including as much detail as you can. Also include a way we can contact you if we need more information. Please allow as much time as possible. Requests made close to the hearing date may not be possible to fulfill. Please allow two weeks’ advance notice to schedule sign language interpreters. To submit a request for a reasonable accommodation, please e-mail AGElegal@mass.gov.

AGE may adopt a revised version of the proposed regulations taking into account relevant comments and any other practical alternatives that come to its attention.