(a) General requirement. For a board and care home or assisted living facility to be eligible for insurance under this part:
(1) The board and care home or assisted living facility must have no less than one full bathroom provided for every four residents; and
(2) Bathroom access from any bedroom or sleeping area must not pass through a public corridor or area.
(b) Exemption for existing projects providing memory care. The following applies to a board and care home or assisted living facility that provides housing for residents in need of memory care, i.e., care for residents who have cognitive impairments, such as Alzheimer's disease or other dementias:
(1) Subject to paragraph (b)(2) of this section, a project seeking insurance under subpart E, pursuant to section 223(f) or 223(a)(7) of the National Housing Act, may be eligible for insurance without meeting the general requirement in paragraph (a) of this section, if the project meets the following four requirements:
(i) Memory care residents are in a separate, secured, and locked area of the board and care home or assisted living facility;
(ii) Any bathroom access from a memory care resident's bedroom or sleeping area that passes through a public corridor or area is in a separate, secured, and locked area of the board and care home or assisted living facility prescribed in (b)(1)(i) of this section;
(iii) Memory care residents receive full assistance or supervision while bathing; and
(iv) Memory care residents reside in wards that contain no more than two beds per unit and have a half-bath in each unit.
(2) If a facility serving memory care residents also serves residents who are not in a separate, secured, and locked area of the board and care home or assisted living facility, this exemption applies only to the separate, secured, and locked area in which solely memory care residents reside.
[85 FR 38324, June 26, 2020]