AHCA/NCAL and LeadingAge are pleased to announce that they have negotiated an agreement (select Final LeadingAge and AHCA License) with the Motion Picture Licensing Corporation (MPLC) that exempts nursing and assisted living facilities from licensing fees for showing video performances in common areas. Long-term care facilities with independent living units are required to pay reasonable licensing fees. Low income senior housing units or facilities which have a Housing and Urban Development (HUD) contract, however, will pay MPLC lower fees if they provide MPLC with both the project number and the number of HUD units. Further, all facilities using closed circuit television will be required to pay reasonable licensing fees under an MPLC Umbrella License (select MPLC Standard Brochure) based on the number of connections. Any AHCA/NCAL and LeadingAge member who is required to pay MPLC licensing fees will receive a 10% discount and may receive additional discounts based on the number of licensed facilities owned.

Background:

For many years (since the 80s) we’ve had an issue with MPLC about whether or not LTC providers must pay licensing fees when showing videos/DVDs in nursing and assisted living facilities in common areas. In the early 90s, with Congressional help, we negotiated an agreement with MPLC to exempt nursing facilities (NFs) and assisted living facilities (ALFs) from paying licensing fees. That agreement expired in 2000; but due to an established “pattern of practice” within the LTC profession, there were relatively few instances where MPLC pursued NFs or ALFs for licensing fees. Over recent years, however, and in particular for large Continuing Care Retirement Communities (CCRCs), this issue has reemerged and caused confusion for LTC providers. This agreement brings some clarity to the matter. If you have questions/concerns, please contact either Dianne De La Mare at ddmare@ahca.org or Dave Kyllo at dkyllo@nacl.org.

Toby Pearson
952.851.2480
tpearson@careproviders.org