(A) A long-term care facility shall not use
any part of the licensed premises for tenant occupancy or for other business.
Unlicensed space within the long-term care facility premises may be used for
tenant occupancy or other business if the following requirements are met:
(1) The space that constitutes the premises
of the licensed long-term care facility and the premises of the tenant
occupancy or business shall not be intermingled space. The space that
constitutes the facility shall be contiguous.
(2) The long-term care facility shall be
separate and distinct from that portion of the premises used for tenant
occupancy or other business and shall be physically separated from any
unlicensed space within the long-term care facility by means of doors, walls,
or other barrier. A fire rated wall which meets the fire protection rating
required by the Massachusetts State Building Code shall be provided between the
tenant occupancy and the long-term care facility. In addition, all certified
facilities must have a fire rated wall in compliance with the Life Safety
Code.
(3) The long-term care
facility shall not be used as a thoroughfare for access to the area in which
the tenant occupancy or other business is located.
(4) The portion of the premises used for
tenant occupancy or other business shall not constitute a hazard or nuisance to
residents of the long-term care facility.
(5) The presence of an area used for tenant
occupancy or other business cannot impede the licensed long-term care
facility's ability to comply with the provisions of 105 CMR
150.000:
Licensing of Long-term Care Facilities and any applicable
federal requirements, including:
(a) Fire
safety requirements, which shall include, for certified facilities, compliance
with the Life Safety Code;
(b)
Staffing requirements;
(c) Resident
egress and elopement control;
(d)
Resident access to outdoor recreation area; and
(e) Parking requirements.
(6) Prior to any unlicensed part
of the premises being used for tenant occupancy or other business, the
long-term care facility must ensure the proposal is the product of sound
community engagement and consultation regarding the proposed tenant occupancy
or other business with the following groups:
(a) The facility's resident
council;
(b) The facility's family
council;
(c) Staff at the
facility;
(d) The Office of the
State Long-term Care Ombudsman; and
(e) The Office of the Local Long-term Care
Ombudsman.
(B)
A facility may not provide any services to persons other than residents, except
as provided in
105 CMR
153.030(B).
(1) A facility may provide rehabilitation
services to persons other than residents as provided in 105 CMR
150.010:
Rehabilitation Services: Physical Therapy, Occupational Therapy,
Speech, Hearing and Language Therapy (and Therapeutic Recreation in a SNCFC)
and 105 CMR
150.540:
Rehabilitation Service
Areas.
(2) Notwithstanding
any restrictions in
105 CMR
150.012(H), a facility may
provide special activities and services described therein to persons other than
residents provided that:
(a) Use of such
services does not require persons other than residents to pass through resident
care areas to access the services.
(b) If articles made by the residents are
sold in the gift shop, the money shall be given or credited to those
residents.
(c) Any snack shop
acting as a food establishment, as that term is defined in 105 CMR
590.000:
State Sanitary Code Chapter X - Minimum Sanitation Standards for Food
Establishments, must so act in accordance with any and all applicable
requirements of 105 CMR
590.000.
A facility that previously received, and can produce a copy of,
a waiver from the Department under
105 CMR
153.031 allowing the facility to use
unlicensed space on the premises for tenant occupancy, other business, or to
provide certain services to persons other than residents may continue to rely
on such waiver even if such use or service does not meet the requirements in
105 CMR 153.030(A) or
(B); provided, however, any such waiver
remains subject to the terms or conditions included in the waiver and such a
waiver may be revoked due to non-compliance with its terms or conditions or the
provisions of 105 CMR 150.000: Licensing of Long-term Care
Facilities or
105 CMR
153.000.
