Assisted Living Law, 5772-2012

חוק הדיור המוגן, תשע"ב-2012

Published: 2012-06-03Consolidated Hebrew text as of 2026-04-01 · Last amended 2026-03-31✓ Amendment status checked against the Knesset legislation record on 2026-09-28

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Chapter VI: Penalties

Penalties§

45.

(a)A person who operates an assisted living home in respect of which no operating licence has been granted, in contravention of the provisions of section 2, or a person who operates an assisted living home otherwise than in accordance with the conditions of the operating licence or the provisions under this Law, in contravention of the provisions of section 2, in a manner that is liable to endanger the safety of the residents of the assisted living home, is liable – to imprisonment of one year or a fine as referred to in section 61(a)(4) of the Penal Law, and if the offender is a corporation – double the said fine.

(b)A person who operates an assisted living home otherwise than in accordance with the conditions of the operating licence or the provisions under this Law, in contravention of the provisions of section 2, in a manner that is not liable to endanger the safety of the residents of the assisted living home, is liable – to a fine as referred to in section 61(a)(3) of the Penal Law.

Liability of an Office Holder in a Corporation§

46.

(a)An office holder in a corporation is obliged to supervise and do everything possible to prevent an offence under section 45 being committed by the corporation or by any of its employees; a person who contravenes this provision is liable – to a fine as referred to in section 61(a)(3) of the Penal Law.

(b)Where an offence under section 45 has been committed by a corporation or by any of its employees, it shall be presumed that an office holder in the corporation has breached the office holder's duty under subsection (a), unless the office holder proves that the office holder did everything possible to fulfil that duty.

(c)In this section, "office holder" – an active director in a corporation, a person holding a position who is responsible on behalf of the corporation for the field in which the offence was committed, and a partner, excluding a limited partner.

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Chapter VII: Miscellaneous Provisions

Assisted Living Commissioner§

47.

The Director General of the Ministry of Welfare shall appoint, from among the employees of the Ministry, an Assisted Living Commissioner whose functions shall be as provided under this Law.

Confidentiality§

48.

A person who has received information under the provisions of this Law in the course of performing their duties or in the course of their work shall keep it confidential, shall not disclose it to another person and shall not make any use of it, except under the provisions of this Law or another enactment or under a court order; for this purpose, "information" – includes any knowledge, data or record, whether on a document, in a photograph, recording or electronic database.

Handling of Public Enquiries§

49.

(a)The Commissioner or a person on the Commissioner's behalf shall be responsible for handling public enquiries, including enquiries from residents of assisted living homes, regarding the breach of the provisions under this Law; the details of the person so appointed, including that person's name, office address and contact details, shall be published on the website of the Ministry of Welfare and also in a conspicuous place in the public area of the assisted living home.

(b)Where it is found that a provision of the provisions of this Law has been breached, the Commissioner may direct the holder of an operating licence of the assisted living home to remedy the deficiency found within a period of time to be determined.

Stipulation – in Favour of the Resident§

50.

The provisions under this Law may not be departed from except in favour of the resident.

Amendment of the Administrative Affairs Courts Law – No. 74§

51.

In the Administrative Affairs Courts Law, 5760-2000, in the First Schedule, after item 7 the following shall be inserted:

"7a. Regulation of the operation of a business – a decision of an authority under the provisions of the enactments listed herein:

(1)the Assisted Living Law, 5772-2012.".

Amendment of the Law for the Placement of Resuscitation Devices in Public Places§

52.

In the Law for the Placement of Resuscitation Devices in Public Places, 5768-2008, in the Schedule, in item 10, at the end thereof the following shall be inserted: "and also assisted living homes as defined in the Assisted Living Law, 5772-2012".

Savings Provisions§

53.

The provisions of this Law are intended to add to the provisions of any law and not to derogate therefrom, unless otherwise stated in this Law.

Implementation, Regulations and Amendment of the First Schedule§

54.

(a)The Minister is responsible for the implementation of this Law and may, after consultation with the Minister for Senior Citizens, make Regulations on any matter relating to its implementation, including the imposition of a fee on an applicant for a licence for the filing of an application for the grant of an operating licence under section 3 and an annual fee on the holder of an operating licence.

(b)The Minister, after consultation with the Minister for Senior Citizens and with the approval of the Labour, Welfare and Health Committee of the Knesset, may, by Order, amend the First Schedule.

Application to Condominiums§

55.

The provisions under this Law shall also apply in respect of an assisted living home that is a condominium; however, in the event of a conflict between the provisions of this Law and the provisions of the Land Law, 5729-1969 in respect of a condominium, the provisions of this Law shall prevail; for this purpose –

"condominium" – as defined in section 52 of the Land Law, and also a building not registered as a condominium within the meaning of Chapter VI-A of that Law;

"Land Law" – the Land Law, 5729-1969.

Limitations on Application§

56.

The provisions under this Law shall not apply in respect of –

(1)the part of the assisted living home used as a nursing ward;

(2)an institution used or intended to be used for the residence of elderly persons as defined under the Supervision of Institutions Law, 5725-1965, to which the provisions of that Law apply;

(3)an assisted living home used or intended to be used for the residence of elderly persons, which is managed by the State or by a person on its behalf.

Commencement and Application§

57.

(a)This Law shall commence six months from the day of its publication (hereinafter – the commencement day), and it shall also apply to contracts concluded between a resident and an operator of an assisted living home (in this section – contracts) before the commencement day, all unless another provision is prescribed in subsections (b) to (f).

(b)

(1)Chapter II, sections 13, 19, 24, 25(1) and (2), 27, 29(b) to (e), 30 and 32, Chapters V and VI, and sections 47 and 49, shall commence on the determining date; however, the Commissioner may grant licences under Chapter II before the determining date; in this section, "the determining date" – 30 months from the commencement day;

(2)Section 20 shall commence five years from the commencement day.

(c)Section 19(a)(2) shall not apply to contracts concluded before the commencement day; however, nothing in the provisions of this subsection shall derogate from the provisions of any law regarding the validity of the said contracts.

(d)Where provisions were prescribed before the commencement day in a contract regarding the linkage of the deposit to an index other than that referred to in section 28(d), the provisions regarding the linkage of the deposit as referred to in that subsection shall apply to the period from the commencement day onwards; the amount of the deposit on the commencement day shall be the amount updated in accordance with the index prescribed in the contract.

(e)Section 16(e) shall apply to engagement agreements concluded from the commencement day onwards and to contracts concluded before the commencement day whose period of engagement thereunder is at least 20 years.

(f)Notwithstanding the provisions of section 26, where a contract was concluded before the commencement day that does not prescribe a maximum rate as referred to in that section, section 26(a)(2) shall be read in respect thereof without the words "and not more than the maximum rate prescribed in the engagement agreement".

Transitional provisions§

58.

(a)Notwithstanding the provisions of section 4(a)(1), with respect to an assisted living home that existed on the eve of the day of publication of this Law, including an assisted living home for which approval of the planning authorities for its construction had been granted by that date, the Commissioner may, for special reasons, grant an operating licence even if the requirements of that section have not been met by the applicant, provided that it would not have been reasonably possible for the licence applicant to comply with those requirements, and provided that the rights of the licence applicant in the real property on which the assisted living home is built or in relation thereto, and the rights of the resident to reside in the apartment, have been secured to the satisfaction of the Commissioner; the disclosure document to be delivered to the resident shall include an express provision in this regard.

(b)Notwithstanding the provision of section 14, where a multidisciplinary team was appointed before the day of publication of this Law and is composed of persons holding positions other than those listed in that section, the person appointed by the Minister for that purpose may authorise the licence holder or the person operating an assisted living home to employ those so appointed as a multidisciplinary team also after the commencement date, for a period to be determined.

(c)During the period from the commencement date until the determining date, the provisions of this Law applicable during that period to the holder of an operating licence shall apply, with the necessary modifications, to a person operating an assisted living home.

(d)In prescribing Regulations under section 13(a)(1) and (2), the Minister may prescribe different requirements in respect of assisted living homes that existed on the eve of the commencement date.

(e)So long as a form has not been prescribed as referred to in section 16(b) or 17(a), the document shall be delivered in accordance with a form to be decided upon by the licence holder, which shall include the matters listed in those sections.

(f)Nothing in the provisions of section 27 shall derogate from any security or guarantee that existed for residents on the eve of the commencement of this Law.

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First Schedule (Section 19(a)(1))

(1)maintenance services for the assisted living home, including for the apartments, public areas, operating systems and equipment made available by the holder of an operating licence in the assisted living home;

(2)cleaning services for the assisted living home, including for the public areas therein, but excluding cleaning of the apartments;

(3)controlled entry to the assisted living home;

(4)operation of a mechanism for a human response to a resident's call for assistance throughout all hours of the day and night;

(5)provision of health services to residents by a nurse, including management of medical information regarding the residents and referral for medical treatment, subject to their consent;

(6)first aid services in the assisted living home, throughout all hours of the day and night, by a person who has received appropriate training for this purpose;

(7)cultural, enrichment and sports activities, to be determined in consultation with the residents' committee, if one has been appointed, from a basket of services to be directed by the Minister, in consultation with the Minister for Senior Citizens;

(8)social work services by a social worker.

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Second Schedule (Section 27g(b) and (d))

(1)NIS 235;

(2)NIS 10,584.

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Third Schedule (Section 27h(b))

NIS 188.

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Assisted Living Law, 5772-2012

Chapter VI: Penalties

Penalties§Cite ✦

Liability of an Office Holder in a Corporation§Cite ✦

Chapter VII: Miscellaneous Provisions

Assisted Living Commissioner§Cite ✦

Confidentiality§Cite ✦

Handling of Public Enquiries§Cite ✦

Stipulation – in Favour of the Resident§Cite ✦

Amendment of the Administrative Affairs Courts Law – No. 74§Cite ✦

Amendment of the Law for the Placement of Resuscitation Devices in Public Places§Cite ✦

Savings Provisions§Cite ✦

Implementation, Regulations and Amendment of the First Schedule§Cite ✦

Application to Condominiums§Cite ✦

Limitations on Application§Cite ✦

Commencement and Application§Cite ✦

Transitional provisions§Cite ✦

First Schedule (Section 19(a)(1))

Second Schedule (Section 27g(b) and (d))

Third Schedule (Section 27h(b))

Penalties§

Liability of an Office Holder in a Corporation§

Assisted Living Commissioner§

Confidentiality§

Handling of Public Enquiries§

Stipulation – in Favour of the Resident§

Amendment of the Administrative Affairs Courts Law – No. 74§

Amendment of the Law for the Placement of Resuscitation Devices in Public Places§

Savings Provisions§

Implementation, Regulations and Amendment of the First Schedule§

Application to Condominiums§

Limitations on Application§

Commencement and Application§

Transitional provisions§