State Licensing Resources

for legally unlicensed, unregulated family-based homes

Most states do not specifically state “here’s what it takes to be an unlicensed care home.” Rather, they state requirements of licensing, and they typically include a minimum number of unrelated persons. So, when you’re reading through the regulations, look for the line where licensing begins…because below that line, there is no licensing available…hence no licensing requirement.

The information on this page is provided for convenience and reference. It is not legal advice, and while it was current when it was written, it may not be the most recent information, and it may not be relevant to your specific circumstance.

States that are bold are included in this page. We’re actively researching other states and will update this page accordingly.

Alabama AlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgia ∙ Hawaii ∙ IdahoIllinois ∙ Indiana ∙ Iowa KansasKentuckyLouisianaMaine ∙ Maryland ∙ MassachusettsMichigan ∙ Minnesota ∙ MississippiMissouri ∙ Montana ∙ NebraskaNevada ∙ New Hampshire ∙ New JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhio OklahomaOregonPennsylvania Rhode IslandSouth Carolina ∙ South Dakota ∙ TennesseeTexasUtah ∙ Vermont ∙ VirginiaWashington West VirginiaWisconsin ∙ Wyoming

Alabama

The Alabama State Board of Health licenses assisted living facilities.

Reference: alabamapublichealth.gov

Summary: The limit appears to be two (2) individuals not related to the operator.

From the Alabama State Board of Health, Alabama Department of Public Health, Chapter 420-5-4:

  • “Assisted Living Facility” means an individual, individuals, corporation, partnership, limited partnership, limited liability company or any other entity that provides, or offers to provide, any combination of residence, health supervision, and personal care to three or more individuals who are in need of assistance with activities of daily living which include bathing, dressing, ambulation, feeding, toileting, grooming, medication assistance, diet, and personal safety. 

Alaska

The Alaska Department of Health licenses Assisted Living facilities.

Reference: Assisted Living Licensing (alaska.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

From the Alaska State Legislature Statutes 2023 AS 47.32.900

  • (2) “assisted living home”
    (A) means a residential facility that serves three or more adults who are not related to the owner by blood or marriage, or that receives state or federal payment for services regardless of the number of adults served; the Department of Health shall consider a facility to be an assisted living home if the facility
    (i) provides housing and food services to its residents;
    (ii) offers to provide or obtain for its residents assistance with activities of daily living;
    (iii) offers personal assistance as defined in AS 47.33.990; or
    (iv) provides or offers any combination of these services;
    (B) does not include
    (i) a correctional facility;
    (ii) an emergency shelter;
    (iii) a program licensed under AS 47.10.310 for runaway minors;
    (iv) a type of entity listed in AS 47.32.010(b)(6) — (11) or (c)(2);

Arizona

The Arizona Department of Health Services licenses Assisted Living Facilities.

Reference: ADHS – Residential Facilities Licensing – Home (azdhs.gov)

Summary: Arizona does not allow families to care for others in their own homes.

From Arizona Statutes 34-401:

  • “Assisted living center” means an assisted living facility that provides resident rooms or residential units to eleven or more residents.
  • “Assisted living facility” means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis.
  • “Assisted living home” means an assisted living facility that provides resident rooms to ten or fewer residents.

Arkansas

The Arkansas Department of Human Services, Division of Aging and Adult Services, Office of Long Term Care licenses Assisted Living Facilities.

Reference: Office of Long Term Care – Arkansas Department of Human Services

Summary: The limit appears to be three (3) individuals.

Arkansas defines an Assisted Living Facility as

  • a building or buildings, section or distinct part of a building, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes, through its ownership or management, responsibility to provide assisted living services for a period exceeding 24 hours to more than three adult residents of the facility who are not relatives of the owner of administrator. A.C.A. 20-10-1703(1)(A). Assisted living services may be provided either directly or through contractual arrangement. An assisted living facility provides, at a minimum, services to assist residents in
    performing all activities of daily living (ADLs) on a 24-hour basis. Assisted living services means housing, meals, laundry, socialization, transportation, one or more personal services, and limited nursing services.

California

The California Department of Aging licenses Residential Care Facilities for the Elderly (RCFE)s. Other types of facilities may be licensed by other entities.

Reference: Assisted Living Facilities – Care Options | California Department of Aging – State of California

Summary: California does not allow families to be compensated for caring for others in their own homes.

Colorado

The Colorado Department of Public Health & Environment licenses Assisted Living Residences.

Reference: Assisted living residences | Department of Public Health & Environment (colorado.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

  • “Assisted living residence” or “ALR” means:
    (A) A residential facility that makes available to three or more adults not related to the owner of such facility, either directly or indirectly through a resident agreement with the resident, room and board and at least the following services: personal services; protective oversight; social care due to impaired capacity to live independently; and regular supervision that shall be available on a twenty-four-hour basis, but not to the extent that regular twenty-four hour medical or nursing care is required, or
    (B) A Supportive Living Program residence that, in addition to the criteria specified in the above paragraph, is certified by the Colorado Department of Health Care Policy and Financing to also provide health maintenance activities, behavioral management and education, independent living skills training and other related services as set forth in the supportive living program regulations at 10 CCR 2505-10, Section 8.515.
    (C) Unless otherwise indicated, the term “assisted living residence” is synonymous with the terms “health care entity,” “health facility,” or “facility” as used elsewhere in 6 CCR 1011- 1, Standards for Hospitals and Health Facilities.

Connecticut

The Connecticut Department of Public Health, Facility Licensing and Investigations Section licenses Assisted Living Facilities.

Reference: Facility Licensing (ct.gov)

Summary: The limit appears to be one (1) individual not related to the operator.

From Connecticut Agencies Regulations Section 19-13-D6:

(17) “Residential Care Home” means an institution that is licensed pursuant to section 19a-490(c) of the Connecticut General Statutes having facilities and all necessary personnel to furnish food, shelter and laundry for two or more persons unrelated to the proprietor and in addition, providing services of a personal nature which do not require the training or skills of a licensed nurse. Additional services of a personal nature may include assistance with bathing, help with dressing, preparation of special diets and supervision over medications which are self-administered, or the administration of medications pursuant to subsection 19-13-D6(m)(2) of the Regulations of Connecticut State Agencies;

Delaware

The Delaware Department of Health and Social Services, Division of Health Care Quality licenses Assisted Living Facilities.

Reference: Division of Health Care Quality- Delaware Health and Social Services – State of Delaware

Summary: The limit appears to be one (1) individual not related to the operator.

From Delaware Code Title 16 Chapter 11 Subchapter 1 Section 1102 Paragraph 5

  • (5) a. “Long-term care facility” means a residential facility that provides shelter and food to more than 1 individual who meets all of the following:
    1. Because of his or her physical or mental condition, require a level of care and services suitable to his or her needs to contribute to his or her health, comfort, and welfare.
    2. Is not related within the second degree of consanguinity to the facility’s controlling person.

District of Columbia

The District of Columbia Department of Health, Health Regulation and Licensing Administration licenses Community Residential Facilities and Assisted Living Residences.

Reference: Assisted Living Residences | doh (dc.gov)

Summary: The District of Columbia does not allow families to care for others in their home.

Florida

The Florida Agency for Health Care Administration licenses Assisted Living Facilities and Adult Family Care Homes.

Reference: Determine Unlicensed Activity | Florida Agency for Health Care Administration (myflorida.com)

Summary: The limit appears to be two (2) individuals not related to the operator.

There is no license required for a residence in which owner lives, cares for 1 or 2 residents, one or more personal care services are provided on a 24-hour basis, and no resident receives optional state supplementation.

Georgia

The Georgia department of Community Health licenses various forms of care facilities.

Reference: Facility Licensure | Georgia Department of Community Health

Summary: The limit appears to be one (1) individual not related to the operator.

  • Personal Care Homes rules and regulations Chapter 111-8-62 – means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service, and one or more personal services for two or more adults who are not related to the owner or administrator by blood or marriage.
  • Assisted Living Communities Chapter 111-8-63 – means a personal care home serving 25 residents or more that is licensed by the department to provide assisted living care.
  • Community Living Arrangements rules and regulations Chapter 290-9-37 –  means any residence, whether operated for profit or not, that undertakes through its ownership or management to provide or arrange for the provision of daily personal services, supports, care, or treatment exclusively for two or more adults who are not related to the owner or administrator by blood or marriage and whose residential services are financially supported, in whole or in part, by funds designated through the Department of Behavioral Health and Developmental Disabilities.

Idaho

The Idaho Department of Health and Welfare licenses various assisted living facilities.

Reference: Additional Resources | Idaho Department of Health and Welfare

Summary: The limit appears to be two (2) individuals not related to the operator.

  • A Residential Assisted Living Facility is a facility or residence, however named, operated on either a profit or nonprofit basis for the purpose of providing necessary supervision, personal assistance, meals, and lodging to three or more adults not related to the owner.

Illinois

The Illinois Department of Public Health licenses Nursing Homes, Assisted Living Facilities, and Hospitals.

Reference: Health Care Regulation (illinois.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

Excerpt: The Illinois Department of Public Health regulates assisted living establishments and shared housing establishments through one set of rules; assisted living requires single-occupancy private apartment units and shared housing does not. Sheltered care facilities are licensed under the Nursing Home Care Act to provide personal care services and are typically co-located with a nursing facility. Supportive living facilities are certified by the Department of Healthcare and Family Services to provide residential care and supportive services to either low-income older adults or younger adults with disabilities who are eligible for Medicaid. Facilities must designate which of these two populations it will serve.

The Illinois Department of Public Health licenses and regulates four types of facilities:

  • Assisted Living Establishment: a residence for three or more unrelated
    adults
    (at least 80 percent of whom are 55 years of age or older) that provides single-occupancy living units with a private bathroom and space for small kitchen appliances. Residents should be able to age in place within the parameters set by the licensing rules.
  • Shared Housing Establishment: a publicly or privately operated freestanding residence for 3-16 adults (at least 80 percent of whom are 55 years of age
    or older) who are unrelated to the facility owners and/or managers. Shared housing provides the same services as assisted living.
  • Sheltered Care Facility: a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons, not related to the applicant or owner by blood or marriage. It includes skilled nursing facilities and intermediate care facilities as those terms are defined in Title XVIII and Title XIX of the federal Social Security Act. It also includes homes, institutions, or other places operated by or under the authority of the Illinois Department of Veterans’ Affairs.
  • Supportive Living Facility: Supportive living facilities are certified by the Department of Healthcare and Family Services to provide residential care and supportive services to either low-income older adults or younger adults with disabilities who are eligible for Medicaid. Facilities must designate which of these two populations it will serve.

Iowa

The Iowa Department of Inspections and Appeals, Health Facilities Division, licenses Assisted Living Facilities, Elder Group Homes, and Residential Care Facilities.

Reference: Health Facilities | Department of Inspections, Appeals, & Licensing (iowa.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

  • An elder group home (EGH) is a single-family residence operated by a person who provides room, board, and personal care to three to five older adults who are not related to the person operating the residence. Elder group homes are defined in Iowa Code Chapter 231B.
  • “Assisted living” means provision of housing with services, which may include (but are not limited to) health-related care, personal care, and assistance with instrumental activities of daily living (IADLs) to three or more tenants in a physical structure that provides a homelike environment. Assisted living also includes encouragement of family involvement, tenant self-direction, and tenant participation in decisions that emphasize choice, dignity, privacy, individuality, shared risk, and independence. Assisted living includes the provision of housing and assistance with IADLs only if personal care or health-related care is also included. Assisted living includes 24-hours per day response staff to meet scheduled and unscheduled or unpredictable needs in a manner that promotes maximum dignity and independence and provides supervision, safety, and security

Kansas

The Kansas Department for Aging and Disability Services, Commission on Aging licenses Assisted Living Facilities, Residential Health Care Facilities, and
Home Plus.

Reference: Aging and Disability Resource Center | Department for Aging and Disability Services (ks.gov)

Summary: The limit appears to be five (5) individuals not related to the operator.

  • Assisted Living Facility: Any place or facility caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need personal care and may need supervised nursing care to compensate for ADL limitations and in which the place or facility includes apartments for residents and provides or coordinates a range of services including personal care or supervised nursing care available 24 hours a day, seven days a week for the support of resident independence.
  • Residential Health Care Facility: Any place or facility, or a contiguous portion of a place or facility, caring for six or more individuals not related within the third degree of relationship to the administrator, operator or owner by blood or marriage and who, by choice or due to functional impairments, may need
    personal care and may need supervised nursing care to compensate for ADL limitations and in which the place or facility includes individual living units and provides or coordinates personal care or supervised nursing care available on a 24-hour, seven-days-a-week basis for the support of resident independence.
  • Home Plus: Any residence or facility caring for not more than 12 individuals not related within the third degree of relationship to the operator or owner by blood or marriage unless the resident in need of care is approved for placement by the secretary of the department of social and rehabilitation services, and who, due to functional impairment, needs personal care and may need supervised nursing care to compensate for ADL limitations. The level of care provided residents shall be determined by preparation of the staff and rules and regulations developed by the department on aging. An adult care home may convert a portion of one wing of the facility to a not less than five-bed and not more than 12-bed home plus facility provided that the home plus facility remains separate from the adult care home, and each facility must remain contiguous. Any home plus that provides care for more than eight individuals shall adjust staffing personnel and resources as necessary to meet residents’ needs in order to maintain the current level of nursing care standards.
    Personnel of any home plus who provide services for residents with dementia shall be required to take annual dementia care training

Kentucky

The Kentucky Cabinet for Health and Family Services, Department for Aging and Independent Living licenses Certified Assisted Living Communities.

Reference: Department for Aging and Independent Living – Cabinet for Health and Family Services (ky.gov)

Summary: The limit appears to be four (4) individuals not related to the operator.

  • Assisted living community means a series of living units on the same site certified under KRS 194A.707 to provide services for five or more adult persons not related within the third degree of consanguinity to the owner or manager.

Louisiana

The Louisiana Department of Health, Health Standards Section licenses Adult Residential Care Providers.

Reference: Health Standards Section | La Dept. of Health

Summary: The limit appears to be one (1) individual not related to the operator.

  • Adult residential care provider (ARCP) means a facility, agency, institution, society, corporation, partnership, company, entity, residence, person or persons, or any other group that provides adult residential care for compensation to two or more adults who are unrelated to the licensee or operator. Adult residential care services include, at a minimum: assistance with activities of daily living, assistance with instrumental activities of daily living, lodging, and meals.
  • Level 1 ARCP – an ARCP that provides adult residential care for compensation to two or more residents but no more than eight who are unrelated to the licensee or operator in a setting that is designed similarly to a single-family dwelling. 
  • Level 2 ARCP – an ARCP that provides adult residential care for compensation to nine or more residents but no more than 16 who are unrelated to the licensee or operator in a congregate setting that does not provide independent apartments equipped with kitchenettes, whether functional or rendered nonfunctional for reasons of safety.
  • Level 3 ARCP – an ARCP that provides adult residential care for compensation to 17 or more residents who are unrelated to the licensee or operator in independent apartments equipped with kitchenettes, whether functional or rendered nonfunctional for reasons of safety.
  • Level 4 ARCP – an ARCP that provides adult residential care for compensation to 17 or more residents who are unrelated to the licensee or operator in independent apartments equipped with kitchenettes, whether functional or rendered nonfunctional for reasons of safety.

Maine

The Maine Department of Health and Human Services, Division of Licensing and Certification licenses Assisted Housing Programs, which include Assisted Living Programs, Level I, II, III, and IV Residential Care Facilities, and Private Non-Medical Institutions.

Reference: Assisted Housing | Department of Health and Human Services (maine.gov)

Summary: Maine does not allow families to care for others in their own home.

  • Assisted Living Program: May provide assisted living services to residents in private apartments in buildings that include a common dining area. Services are provided either directly by the assisted living program or indirectly through contracts with persons, entities, or agencies. Assisted living programs are
    categorized as Type I or Type II, which have different requirements for medication administration. 
  • Residential Care Facility: A house or other place that is wholly or partly maintained for the purpose of providing residents with assisted living services. Residential care facilities provide housing and services to residents in private or semi-private bedrooms in buildings with common living areas and dining areas. There are four levels based on the licensed capacity:
     – Level I for one to two residents,
     – Level II for three to six residents,
     – Level III for three to six residents, or
     – Level IV for more than six residents.
  • Private Non-medical Institution: A type of residential care facility that receives Medicaid funding for services

Massachusetts

The Massachusetts Executive Office of Elder Affairs licenses Assisted Living Residences

Reference: Assisted Living | Mass.gov

Summary: The limit appears to be two (2) individuals not related to the operator.

  • An assisted living residence is any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria: (1) provides room and board; and (2) provides, directly by its employees or through arrangements with another organization which the entity may or may not control or own, personal care services for three or more adults who are not related by consanguinity or affinity to their care provider; and (c) collects payments or third-party reimbursements from or on behalf of residents to pay for the provision of assistance with the activities of daily living (ADLs) or arranges for the same

Michigan

The Michigan Bureau of Community and Health Systems licenses Adult Foster Care & Homes for the Aged

Reference: What Needs to be Licensed (michigan.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

AFC [Adult Foster Care] and HFA [Home for the Aged] are statutorily defined in MCL 400.703(4), 400.704(6) and 333.20106(3) respectively.

  • An operation needs to be licensed under Act 218 as an adult foster care (AFC) facility if it provides personal care, supervision and protection in addition to room and board to 3 to 20 unrelated persons who are aged, mentally ill, developmentally disabled, or physically disabled, for 24 hours a day, 5 or more days a week, for 2 or more consecutive weeks for compensation. Note that an AFC license is not required when a home has a capacity of 4 or less residents/clients and that home only serves community mental health (CMH) residents/clients and the CMH monitors those residents/clients.

Mississippi

The Mississippi State Department of Health licenses assited living and other care facilities.

Reference: Health and Care Facilities – Mississippi State Department of Health (ms.gov)

Summary: The limit appears to be three (3) individuals not related to the operator.

SOURCE: Miss. Code Ann. §43-11-13 Rule 45.2.12 

  • Institutions for the Aged or Infirm (Facility/ies). The term “institution for the aged or infirm” (hereinafter referred to as facility or facilities) shall mean a place either governmental or private which provides group living arrangements for four (4) or more persons who are unrelated to the operator and who are being provided food, shelter, and personal care whether any such place be organized or operated for profit or not. The term “institution for the aged or infirm” includes nursing homes, pediatric skilled nursing facilities, psychiatric residential treatment facilities, convalescent homes and homes for the aged, provided that these institutions fall within the scope of the definition set forth above. The term “institutions for the aged or infirm” does not include hospitals, clinics, or mental institutions devoted primarily to providing medical service.

Missouri

The Missouri Department of Health & Senior Services licenses Assisted Living Facilities, Intermediate Care Facilities, Residential Care Facilities, and Skilled Nursing Facilities.

Reference: Laws, Regulations & Manuals | Nursing Homes & Other Care Options | Health & Senior Services (mo.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

From MO Title XII Public Health and Welfare, Chapter 198.006:

  • Assisted living facility, any premises, other than a residential care facility, intermediate care facility, or skilled nursing facility, that is utilized by its owner, operator, or manager to provide twenty-four-hour care and services and protective oversight to three or more residents who are provided with shelter, board, and who may need and are provided with the following:
    (a)  Assistance with any activities of daily living and any instrumental activities of daily living;
    (b)  Storage, distribution, or administration of medications; and
    (c)  Supervision of health care under the direction of a licensed physician, provided that such services are consistent with a social model of care;
  • Intermediate care facility, any premises, other than a residential care facility, assisted living facility, or skilled nursing facility, which is utilized by its owner, operator, or manager to provide twenty-four-hour accommodation, board, personal care, and basic health and nursing care services under the daily supervision of a licensed nurse and under the direction of a licensed physician to three or more residents dependent for care and supervision and who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility;
  • Residential care facility, any premises, other than an assisted living facility, intermediate care facility, or skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four-hour care to three or more residents, who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility and who need or are provided with shelter, board, and with protective oversight, which may include storage and distribution or administration of medications and care during short-term illness or recuperation, except that, for purposes of receiving supplemental welfare assistance payments under section 208.030, only any residential care facility licensed as a residential care facility II immediately prior to August 28, 2006, and that continues to meet such licensure requirements for a residential care facility II licensed immediately prior to August 28, 2006, shall continue to receive after August 28, 2006, the payment amount allocated immediately prior to August 28, 2006, for a residential care facility II under section 208.030;­­
  • Skilled nursing facility, any premises, other than a residential care facility, an assisted living facility, or an intermediate care facility, which is utilized by its owner, operator or manager to provide for twenty-four-hour accommodation, board and skilled nursing care and treatment services to at least three residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility.  Skilled nursing care and treatment services are those services commonly performed by or under the supervision of a registered professional nurse for individuals requiring twenty-four-hours-a-day care by licensed nursing personnel including acts of observation, care and counsel of the aged, ill, injured or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist, and other nursing functions requiring substantial specialized judgment and skill;

Nebraska

The Nebraska Department of Health and Human Services, Division of Public Health, Licensure Unit licenses Assisted Living Facilities.

Reference: Licensing (ne.gov)

Summary: The limit appears to be three (3) individuals not related to the operator.

  • An Assisted Living Facility (ALF) means a residential setting that provides assisted-living services for remuneration to four or more persons who reside in such residential setting and are not related to the owner of the residential setting. The definition of ALF does not include a home, apartment, or facility where casual care is provided at irregular intervals, or where a competent person residing in such home, apartment or facility provides for or contracts for his or her own personal or professional services if no more than 50% of persons residing in such home, apartment, or facility receive such services

Nevada

The Nevada Department of Healt and Human Services licenses residential facilities for groups (adult group care/assisted living)

Reference: Residential facility for groups (adult group care/assisted living) (nv.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

  •  NRS449.017 “Residential facility for groups” defined.
    1.  Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to a person with an intellectual disability or with a physical disability or a person who is aged or infirm. The term includes, without limitation, an assisted living facility.
    2.  The term does not include:
         (a) An establishment which provides care only during the day;
         (b) A natural person who provides care for no more than two persons in his or her own home;
         (c) A natural person who provides care for one or more persons related to him or her within the third degree of consanguinity or affinity;
         (d) A halfway house for persons recovering from alcohol or other substance use disorders; or
         (e) A home in which community-based living arrangement services or supported living arrangement services are provided by a provider of such services during any period in which the provider is providing the services.
  •  NRS449.0105 “Home for individual residential care” defined.
    “Home for individual residential care” means a home in which a natural person furnishes food, shelter, assistance and limited supervision, for compensation, to not more than two persons with intellectual disabilities or with physical disabilities or who are aged or infirm, unless the persons receiving those services are related within the third degree of consanguinity or affinity to the person providing those services. The term does not include:
          1.  A halfway house for persons recovering from alcohol or other substance use disorders; or
          2.  A home in which community-based living arrangement services or supported living arrangement services are provided by a provider of such services during any period in which the provider is engaged in providing the services.

New Jersey

The New Jersey Department of Health licenses care facilities.

Reference: Department of Health | Health Facilities (nj.gov)

Summary: The limit appears to be three (3) individuals not related to the operator.

  • Assisted Living Residences: A facility which is licensed by DOH to provide apartment-style housing and congregate dining and to ensure that assisted living services are available when needed, for four or more adult persons unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.
  • Comprehensive Personal Care Home: Provide room and board to ensure that assisted living services are available when needed, to four or more adults unrelated to the proprietor. Residential units in comprehensive personal care homes house no more than two residents and have a lockable door on the unit
    entrance.

New Mexico

The New Mexico Department of Health, Division of Health Improvement (Health Facility & Licensing Certification), Program Operations Bureau and District Operations Bureau licenses Assisted Living Facilities.

Reference: Department of Health | Health Facilities (nj.gov)

Summary: The limit appears to be one (1) individual not related to the operator.

  • An ALF provides programmatic services, room, board, and/or assistance with one or more activities of daily living (ADLs) to two or more unrelated individuals.

New York

The New York Department of Health licenses Adult Care and Assisted Living Facilities.

Reference: Adult Care Facility Services (ny.gov)

Summary: The limit appears to be four (4) individuals not related to the operator.

Excerpt: Adult Care Facilities (ACF) provide long-term, non-medical residential services to adults who are substantially unable to live independently due to physical, mental, or other limitations associated with age or other factors. Residents must not require the continual medical or nursing services provided in acute care hospitals, in-patient psychiatric facilities, skilled nursing homes, or other health related facilities, as Adult Care Facilities are not licensed to provide for such nursing or medical care.

The New York State Department of Health licenses and regulates three types of Adult Care Facilities:

  • Adult Homes (AH): Established and operated for the purpose of providing long-term residential care, room, board, housekeeping, personal care, and supervision to five or more adults unrelated to the operator.
  • Enriched Housing Programs (EHP): Established and operated for the purpose of providing long-term residential care to five or more adults primarily persons sixty-five years of age or older, in community-integrated settings resembling independent housing units. The program provides or arranges for the provision of room, board, housekeeping, personal care, and supervision.
  • Residences for Adults: Established and operated for the purpose of providing long-term residential care, room, board, housekeeping, case management, activities and supervision to five or more adults, unrelated to the operator, who are unable or substantially unable to live independently.

North Carolina

The North Carolina Division of Health Service Regulation licenses Family Care Homes, Adult Care Homes, and Multi-Unit Assisted Living Housing.

Reference: NC DHSR ACLS: Facility Licensure Information (ncdhhs.gov)

Summary: There’s some confusion in the way the regs are written. On the one hand, there appears to be no limit on the number of residents. Rather, the limiting factor appears to be “formal written agreement[s] with licensed home care or hospice agencies.” So practically, the number would be the number you’re able to care for in-house without bringing in support through a formal written agreement with licensed home care or hospice agencies. On the other hand, it appears that the limit is one (1). However, the legislatures inclusion of the “formal written agreement” verbiage muddies the waters. If the legislature intended for the number to be one (1), then why did they choose to also include all the verbiage around formal written agreements?

Excerpt: The North Carolina Division of Health Service Regulation licenses ACHs based on size–family care homes for 2-6 residents and ACHs for seven or more residents. Both can choose to serve only elderly persons (55 years or older or any adult who has a primary diagnosis of Alzheimer’s disease or other form of dementia) and the license indicates that this is the population to be served. Facilities may provide respite services, but provision of this service is not a condition for licensure. Multi-unit assisted housing with services settings are not licensed. They are only required to register with the Division of Health Service Regulation and to provide a disclosure statement.

The North Carolina Division of Health Service Regulation licenses Family Care Homes, Adult Care Homes, and Multi-Unit Assisted Living Housing.

  • Family / Adult Care Home: An assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes.
  • Multi-Unit Assisted Living Housing:  An assisted living residence in which hands-on personal care services and nursing services which are arranged by housing management are provided by a licensed home care or hospice agency through an individualized written care plan. The housing management has a financial interest or financial affiliation or formal written agreement which makes personal care services accessible and available through at least one licensed home care or hospice agency. The resident has a choice of any provider, and the housing management may not combine charges for housing and personal care services.

North Dakota

The North Dakota Department of Health Response and Licensure, Division of Health Facilities licenses Basic Care Facilities and Assisted Living Facilities.

Reference: Basic Care Facilities | Health and Human Services North Dakota

Summary: The limit appears to be four (4) individuals not related to the operator.

  • “Basic Care Facility: Basic care facility” means a facility licensed by the department under North Dakota Century Code chapter 23-09.3 whose focus is to provide room and board and health, social, and personal care to assist the residents to attain or maintain their highest level of functioning, consistent
    with the resident assessment and care plan, to five or more residents not related by blood or marriage to the owner or manager. These services shall be provided on a twenty-four hour basis within the facility, either directly or through contract, and shall include assistance with activities of daily living and instrumental activities of daily living; provision of leisure, recreational, and therapeutic activities; and supervision of nutritional needs and medication
    administration. 
  • Assisted Living Facility: A building or structure containing a series of at least five living units operated as one entity to provide services for five or more individuals who are not related by blood, marriage, or guardianship to the owner or manager of the entity and which is kept, used, maintained, advertised, or held out to the public as a place that provides or coordinates individualized support services to accommodate the individual’s needs and abilities to maintain as much independence as possible. An assisted living facility is licensed by the Department of Human Services under North Dakota Century Code 50-32 and under North Dakota Century Code 23-09. An assisted living facility does not include a facility that is a congregate housing facility, licensed as a basic care facility, or licensed under Chapters 23-16 or 25-16 or Section 50-11-01.4.

Ohio

The Ohio Department of Health licenses residential care facilities and conducts on-site inspections/surveys for compliance with state rules and regulations.

Reference: Assisted Living (Residential Care) Facilities | Long-Term Care Guide Consumer Guide (ohio.gov)

Summary: The limit appears to be two (2) individuals not related to the operator.

From Ohio Revised Code, Title 37, Chapter 3721.01

  • (1)(a) “Home” means an institution, residence, or facility that provides, for a period of more than twenty-four hours, whether for a consideration or not, accommodations to three or more unrelated individuals who are dependent upon the services of others, including a nursing home, residential care facility, home for the aging, and a veterans’ home operated under Chapter 5907. of the Revised Code.

Oklahoma

The Oklahoma Department of Health, Protective Health Services, Long Term Care Services Division licenses Assisted Living Centers.

Reference: Long Term Care

Summary: The limit appears to be one (1) individual not related to the operator.

  • An assisted living center is a home or establishment offering, coordinating, or providing services to two or more persons who by choice or functional impairment need assistance with personal care or nursing supervision; and may need intermittent or unscheduled nursing care, medication assistance, and
    assistance with transfer and/or ambulation.

Oregon

The Oregon Department of Human Services, Office of Safety, Oversight and Quality, Aging and People with Disabilities Program licenses Assisted Living Facilities and Residential Care Facilites.

Reference: 

Summary: The limit appears to be five (5) individuals not related to the operator.

  • Assisted Living Facility: A building, complex, or distinct part thereof, consisting of fully self-contained, individual living units where six or more seniors and adult individuals with disabilities may reside in homelike surroundings. The facility offers and coordinates a range of supportive services available on a 24- hour basis to meet the activities of daily living (ADLs), health, and social needs of the residents. A person-centered program approach is used to promote resident self-direction and participation in decisions that emphasize choice, dignity, privacy, individuality, and independence. 
  •  Residential Care Facility: A building, complex, or distinct part thereof, consisting of shared or individual living units in a homelike surrounding, where six or more seniors and adult individuals with disabilities may reside. The facility offers and coordinates a range of supportive services available on a 24- hour basis to meet the daily health and social needs of the residents as described in administrative rules. A person-centered program approach is used to promote resident self-direction and participation in decisions that emphasize choice, dignity, individuality, and independence

Pennsylvania

The Pennsylvania Department of Human Services licenses Personal Care Homes and Assisted Living Residences

Reference: PCH/ALR Home (pa.gov)

Summary: The limit appears to be three (3) individuals not related to the operator.

From Title 55 Chapter 2600 Section 4: 

  • Personal Care Home: (i) A premise [sic] in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. (ii) The term includes a premise that has held or presently holds itself out as a personal care home and provides food and shelter to four or more adults who need personal care services, but who are not receiving the services.
  • Assisted living residence or residence — Any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24-hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.

Rhode Island

The Rhode Island Department of Health, Center for Health Facilities Regulation licenses Assisted Living Residences, Alzheimer Dementia Special Care
Unit/Program, Limited Health Services

Reference: Assisted Living Licensing: Department of Health

Summary: The limit appears to be five (5) individuals not related to the operator.

  • Assisted living residence means a publicly or privately operated residence that provides directly or indirectly by means of contracts or arrangements, personal assistance and may include the delivery of limited health services to meet the resident’s changing needs and preferences, lodging, and meals to six or more adults who are unrelated to the licensee or administrator. However, this excludes any privately operated establishment or facility licensed and those facilities licensed by or under the jurisdiction of any state agency. Assisted living residences include sheltered care homes, board and care residences, or any other entity by any other name providing the above services that meet the definition of assisted living residences.

South Carolina

The South Carolina Bureau of Health Facility Licensing (BHFL) regulates health care facilities and providers.

Reference: Bureau of Health Facilities Licensing | SCDHEC

Summary: The limit appears to be one (1) individual not related to the operator.

  • Community Residential Care Facility. A CRCF offers room and board and a degree of personal assistance for a period of time in excess of 24 consecutive hours for two or more adults. Any facility that offers a beneficial or protected environment specifically for individuals who have mental illness or disabilities are included in this definition, as well as facilities that are referred to as assisted living, provided they meet the definition of CRCF. 
  • Alzheimer’s special care unit (SCU) or program means a facility, or area within a facility, providing a secure, segregated special program or unit for residents with a diagnosis of probable Alzheimer’s disease or other dementia to prevent or limit access by a resident outside the designated or separated areas; and that advertises, markets, or otherwise promotes the facility as providing specialized care and services for persons with Alzheimer’s disease or other dementias, or both.

Tennessee

The Tennessee Department of Health, Health Facilities Commission licenses Assisted-Care Living Facilities and Residential Homes for the
Aged

Reference: Health Facilities Commission

Summary: The limit appears to be five (5) individuals not related to the operator when operating as an Adult Care Home.

From Tennessee Code § 68-11-201 (2023) – Part definitions

  • (1) “Adult care home” means a single family residence licensed pursuant to this part in which twenty-four-hour residential care, including assistance with activities of daily living, is provided in a homelike environment to no more than five (5) adults who are elderly or have a disability. Adult care homes shall be licensed as Level 2 homes, and meet standards prescribed in this part and in regulations promulgated by the commission pursuant to this part. “Adult care home” does not include any facility otherwise licensed by the department of mental health and substance abuse services;
  • (23)(A) “Home for the aged” means a home represented and held out to the general public as a home which primarily accepts aged persons for relatively permanent, domiciliary care and provides room, board, and personal services. A home for the aged that houses three (3) or fewer nonrelated persons is a tier 1 home for the aged. A home for the aged that houses four (4) or more nonrelated persons is a tier 2 home for the aged;

Texas

The Texas Health and Human Services Commission licenses Assisted Living Facilities.

Reference: Assisted Living Facilities (ALF) | Texas Health and Human Services

Summary: The limit appears to be three (3) individuals not related to the operator.

  • An ALF is an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor and provides personal care services or medication administration, or both and may provide assistance with or supervision of medication administration.
Texas has some additional criteria that can trigger licensing (Texas Administrative Code)
  • (A) common ownership;
  • (B) physical proximity;
  • (C) shared services, personnel, or equipment in any part of the facilities’ operations; and
  • (D) any public appearance of joint operations or of a relationship between the facilities.
In other words, in Texas, as soon as an owner has four or more beds, everything gets to be licensed … or at least, the State has the right to force licensure upon everything. According to the above, people who claim to own/operate multiple personal care homes, or a mix of licensed facilities and unlicensed facilities, are operating illegally. 

Utah

The Utah Department of Health, Bureau of Licensing and Certification licenses Assisted Living Facilities – Type I and Type II

Reference: Utah Department of Health and Human Services

Summary: The limit appears to be one (1) individual not related to the operator.

  • Type I Assisted Living Facility: Provide assistance with activities of daily living (ADLs) and social care to two or more residents who are capable of achieving mobility sufficient to exit the facility without the assistance of another person. 
  • Type II Assisted Living Facility: Are homelike and provide an array of 24-hour coordinated supportive personal and health care services, including full assistance with ADLs and general nursing care, to residents capable of achieving mobility sufficient to evacuate the facility with limited assistance. 
  • Type I and Type II facilities are classified as large (17 or more residents), small (6-16 residents), and limited capacity (2-5 residents). Depending on their classification, facilities must comply with different building codes.

Virginia

The Virginia Department of Social Services, Division of Licensing Programs licenses Assisted Living Facilities.

Reference: Assisted Living Facilities (ALF) – Virginia Department of Social Services

Summary: The limit appears to be three (3) individuals not related to the operator.

  • An assisted living facility is a congregate residential setting that provides or coordinates personal and health care services, 24- hour supervision, and assistance for the maintenance or care of four or more adults who are aged, infirm, or disabled and who are cared for in a primarily residential setting. Maintenance or care means the protection, general supervision, and oversight of the physical and mental well-being of an aged, infirm, or disabled individual.

Washington

The Washington State Department of Social and Health Services licenses assisted living facilities.

Reference: Aging and Long-Term Support Administration | DSHS (wa.gov)

Summary: The limit appears to be six (6) individuals not related to the operator when operating under Title 18 Assisted Living Facility rules.

Commentary: It appears as though Washington used to license homes beginning at three individuals … and that changed after July 1, 2000. Since July 1, 2000, the number appears to be six.

From RCW 18.20.020:

  • An ALF is any home or institution, however named, that is advertised, announced, or maintained for the express or implied purpose of providing housing, basic services, and assuming general responsibility for the safety and well-being of the residents, and may also provide domiciliary care for seven or
    more residents
    after July 1, 2000. However, an ALF that is licensed for three to six residents prior to or on July 1, 2000, may maintain its ALF license as long as it is continually licensed as an ALF. An ALF does not include any facilities certified as group training homes, nor any home, institution, or section thereof
    which is otherwise licensed and regulated under the provisions of state law providing specifically for the licensing and regulation of a group training home, institution or section thereof. It also does not include independent senior housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the U.S. Department of Housing and Urban Development.
A different Washington state code (RCW 70.128.010: Definitions) also defines
  • (1) “Adult family home” means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services. An adult family home may provide services to up to eight adults upon approval from the department under RCW 70.128.066.
Note that these are two different Titles of the Washington code. Title 18 deals with businesses and professions, and Title 70 deals with public health and safety.

West Virginia

The West Virginia Department of Health and Human Resources, Bureau for Public Health, Office of Health Facility Licensure and Certification licenses Assisted Living Residences and Residential Care Communities

Reference: Welcome to the OHFLAC

Summary: The limit appears to be three (3) individuals not related to the operator.

  • ALR: Any living facility or place of accommodation in the state, however named, available for four or more residents that is advertised, offered, maintained, or operated by the ownership or management for the express or implied purpose of providing personal assistance, supervision, or both to any residents who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent. A small ALR has a resident capacity of four to 16 residents. A large ALR has a resident capacity of 17 or more. 

Wisconsin

The Wisconsin Department of Health Services licenses Adult Family Homes and Nursing Homes.

Reference: Residential and Community-Based Care Licensing and Certification | Wisconsin Department of Health Services

Summary: The limit appears to be two (2) individuals not related to the operator.

  • Adult Family Home: A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident.
  • Nursing Home: “Nursing home” means a place where 5 or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services.
Wisconsin also incorporates levels of care into their regulations.
  • “Personal care” means assistance with the activities of daily living, such as eating, dressing, bathing and ambulation, but does not include nursing care.
  • “Nursing care” means nursing procedures, other than personal care, that are permitted to be performed by a registered nurse under s. 441.01 (3) or by a licensed practical nurse under s. 441.001 (3), directly on or to a resident.
  • “Intermediate level nursing care” means basic care that is required by a person who has a long-term illness or disability that has reached a relatively stable plateau.
  • “Intensive skilled nursing care” means care requiring specialized nursing assessment skills and the performance of specific services and procedures that are complex because of the resident’s condition or the type or number of procedures that are necessary, including any of the following:
    (a) Direct patient observation or monitoring or performance of complex nursing procedures by registered nurses or licensed practical nurses on a continuing basis.
    (b) Repeated application of complex nursing procedures or services every 24 hours.
    (c) Frequent monitoring and documentation of the resident’s condition and response to therapeutic measures.