651 CMR 12.06(5)(c) of the Assisted Living regulations allows certified Assisted Living Residences (ALRs) to request an exemption from the Special Care Residence (SCR) staffing requirements set forth in 651 CMR 12.06(5)(b). To apply for the exemption, the Applicant/Sponsor must complete an electronic application which will be supplied by the Executive Office of Aging & Independence. The Applicant/Sponsor must also provide supporting documentation and the fee. The Secretary of Aging & Independence may grant an exemption at his or her sole discretion, and may, at any time, revoke such an exemption. Such decisions made by the Secretary are final. Exemptions that are granted remain in effect until the next compliance recertification visit.
Specifically, the Secretary of Aging & Independence has the authority to grant an exemption allowing one staff member and one “Floater” to be on duty during an overnight shift if it is determined that:
- The physical design of the SCR is conducive to the provision of sufficient care to all Residents;
- Staff members possess the means to conduct immediate communication with each other;
- The exemption request is not based on a fluctuation in Residence occupancy; and the safety and welfare of Residents are not compromised.
651 CMR 12.02 defines a Floater as, “[a] staff member of the Residence who is available on an ad hoc basis to assist in times of unusually heavy workload or emergency situations and is not specifically assigned to a group of Residents or unit.”
Exemptions will only be considered appropriate in situations where the physical design and layout of the Residence can accommodate a modified staffing structure while still ensuring that there is sufficient staff to meet all Residents’ needs.
All ALRs interested in applying for an exemption to SCR staffing requirements must complete an application. Prior exemption status is not a guarantee of continued exemption; the ability of the ALR to continue to preserve resident safety in the SCR with altered staffing levels will be reviewed by AGE during each compliance review. AGE will review all complete applications submitted and respond in writing.
Applications must be submitted to AGE as a PDF attachment and sent to ALRHelp@mass.gov. AGE requires at least 30-days to review, with a decision to be issued within that time frame.