President and CEO’s Update – Brian Doherty, CAE

How Your Voice Is Driving Real Change in Assisted Living

Q2, June 2025

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 Dear Members,

This spring has been a pivotal season for assisted living in Massachusetts, marked by both challenge and opportunity. As I reflect on the past few months, I’m reminded of how our community’s resilience and advocacy are shaping a better future where more older adults can truly thrive with independence, dignity, and choice.

Earlier this month, I had the honor of testifying before the Joint Committee on Aging and Independence. Our message was clear: Massachusetts must do more to ensure assisted living is accessible and recognized as a distinct setting that combines housing with supportive services tailored to older adults. We urged lawmakers to support two critical bills—one to expand Medicaid access to cover assisted living through the Frail Elder Waiver, and another to clarify the legal status of assisted living residences as it relates to the application of landlord tenant law. These changes are not just policy tweaks; they are essential steps to ensure that families of all income levels can choose the supportive, community-based care that defines our field.

The urgency is real as our Commonwealth’s population continues to age.  Expanding the Frail Elder Waiver would bring Massachusetts in line with most other states and provide critical support for older adults who need more help than home care can offer, but who don’t require the level of care provided in a nursing home.

We are also pushing for clarity in how landlord-tenant law applies to assisted living. Recent court decisions have blurred the lines, threatening the unique hybrid model that makes our communities work. We need regulations that recognize assisted living as neither traditional rental housing nor a medical institution, but as a setting where independence and support go hand in hand.

Meanwhile, the implementation of the new Act to Improve Quality and Oversight of Long-Term Care is underway. This law is bringing many updates, some of which you helped champion, as it authorizes basic health services and new tools for regulatory enforcement and transparency. As new regulations roll out, we are working closely with the Executive Office of Aging & Independence to ensure thoughtful implementation and to advocate for stability—now is not the time for further statutory changes as we all adjust to this new landscape.

The hybrid model of assisted living is a distinct setting and should not be governed by general landlord/tenant law, which complicates and negatively impacts the care environment. Assisted living residences offer a unique, specialized environment for older adults who need help with daily activities but not the intensive medical care of nursing homes. These communities provide more than just housing—they create a home-like setting with onsite services and amenities. MGL ch. 19D has always applied eviction protections under landlord-tenant law, but recent judicial decisions have blurred how the rest of that law applies. The care and responsibilities in assisted living are not compatible with those of traditional landlords.

 Our recent Advocacy Day was a powerful demonstration of what we can achieve when we come together with a shared purpose. More than 100 providers, residents, and supporters gathered at the State House to elevate the voice of assisted living and advocate for the needs of our communities. The energy was inspiring, the conversations were meaningful, and the presence of our members left a lasting impression on legislators.

By sharing personal stories, highlighting real challenges, and emphasizing the value of assisted living in the continuum of care, we helped lawmakers better understand what’s at stake. This kind of engagement is exactly what drives change—and it doesn’t go unnoticed.

Thank you to everyone who showed up, spoke out, and helped make this day a resounding success. Your advocacy is the reason our message is being heard.

As the state’s population ages and demand for high-quality assisted living grows, our work has never been more important. Together, we are ensuring that Massachusetts remains a leader in innovative, compassionate care.

Thank you for your partnership and for all you do, every day, to make assisted living a place where older adults can truly thrive.