T
he Massachusetts Assisted Living Association (Mass-ALA) has urged lawmakers to pass two key pieces of legislation aimed at expanding access to assisted living for older adults and clarifying the legal framework governing these communities. The association supports Senate Bill 474/House Bill 791, which would expand the Frail Elder Waiver to include assisted living residences, and House Bill 770, which aims to clarify the classification of assisted living residences.

    The Frail Elder Waiver is a Medicaid program that allows eligible older adults to receive long-term care services in home settings or skilled nursing facilities. However, Massachusetts currently does not allow the waiver to be used in assisted living residences, limiting options for aging adults across the state. Expanding the waiver would bring Massachusetts in line with most other states and provide independence and quality of life for more older adults.

    Mass-ALA emphasizes that assisted living residences fill a critical gap between home care and nursing homes, but without proper Medicaid coverage, many older adults cannot afford to access these services. The Frail Elder Waiver is seen as a cost-effective solution that would be better suited to the assisted living setting than existing reimbursement options like Group Adult Foster Care (GAFC) and PACE.

    House Bill 770 aims to resolve growing legal confusion over how landlord-tenant law applies to assisted living communities. Mass-ALA warns that recent court decisions have blurred important distinctions between assisted living residences and traditional rental housing, jeopardizing the services and protections that define assisted living. The bill seeks to reaffirm the original intent of Chapter 19D, which treats assisted living as a hybrid model combining housing with care.

    Mass-ALA also voiced support for Senate Bill 469, which would grant the organization a seat on the Assisted Living Advisory Council (ALAC). With Massachusetts' aging population projected to increase significantly in the coming decade, Mass-ALA stressed the urgency of enacting policies that are flexible, inclusive, and reflective of real-world care needs. The association believes these bills are essential to ensuring older adults across the state can live with dignity, independence, and support.