(a) This subchapter shall not apply to situations in which persons in independent apartments receive home health services as with the Meals on Wheels program or other services by agencies such as the area agencies on aging but in which:
(1) Congregate services are not offered; and
(2) The situation is not advertised or publicly represented as assisted living, residential care, or a similar type of facility.
(b) As used in this section, “congregate services” does not include:
(1) Coordinating dining and social activities with a separately owned nonprofit senior citizen's center; or
(2) Arrangements of other types between area agencies on aging and government-subsidized housing projects existing on April 13, 2005.