§ 4650 Short Title
§ 4651 Definitions
§ 4652 Commissioner; Powers and Duties
§ 4653 Continuing Care Retirement Community Council; Powers and Duties
§ 4654 Authorization of Fee-for-Service Continuing Care Retirement Communities
§ 4655 Certificate of Authority Required; Application and Approval
§ 4656 Certificate of Authority; Authority of Operator
§ 4657 Initial Disclosure Statement
§ 4658 Annual Statement
§ 4659 Fee-for-Service Continuing Care Contract
§ 4660 Withdrawal, Death or Dismissal of Person; Refund
§ 4661 Consumer Safeguards
§ 4662 Entrance Fee Escrow Account
§ 4663 Release of Escrowed Funds to the Operator
§ 4664 Asset Reserves
§ 4665 Residents’ Organizations
§ 4666 Advertisements
§ 4667 Audits
§ 4668 Revocation, Suspension or Annulment of Certificate of Authority
§ 4669 Appointment of a Caretaker
§ 4670 Receiverships
§ 4671 Civil Action
§ 4672 Criminal Penalties
§ 4673 Separability
§ 4674 Priority Reservation Agreements; Prior to Obtaining a Certificate of Authority
§ 4675 Priority Reservation Agreements; After Obtaining a Certificate of Authority
§ 4676 Industrial Development Agency Financing

Terms Used In New York Laws > Public Health > Article 46-A

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • certificate of authority: shall mean an authorization in writing, approved by the council and issued by the commissioner, for an operator to operate a fee-for-service continuing care retirement community and to enter into fee-for-service continuing care contracts pertaining to such community. See N.Y. Public Health Law 4651
  • Community: shall mean a fee-for-service continuing care retirement community established pursuant to this article. See N.Y. Public Health Law 4651
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this chapter. See N.Y. Public Health Law 4651
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Designated felony act: means an act which, if done by an adult, would be a crime: (i) defined in sections 125. See N.Y. Family Court Law 301.2
  • Detention: means the temporary care and maintenance of children away from their own homes, as defined in section five hundred two of the executive law. See N.Y. Family Court Law 301.2
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispositional hearing: means a hearing to determine whether the respondent requires supervision, treatment or confinement. See N.Y. Family Court Law 301.2
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Entrance fee: shall mean an initial or deferred transfer to an operator of a sum of money, made or promised to be made by a person or persons entering into a fee-for-service continuing care contract, for the purpose of ensuring services pursuant to such a contract. See N.Y. Public Health Law 4651
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facility: shall mean any place in which an operator undertakes to provide a resident with the services of a fee-for-service continuing care retirement community, pursuant to a contract, whether such place is constructed, owned, leased, rented or otherwise contracted for by the operator. See N.Y. Public Health Law 4651
  • Fact-finding hearing: means a hearing to determine whether the respondent or respondents committed the crime or crimes alleged in the petition or petitions. See N.Y. Family Court Law 301.2
  • Fee-for-service continuing care contract: shall mean a single continuing care retirement contract that provides long-term care and other services on a per diem, fee-for-service or other agreed upon rate. See N.Y. Public Health Law 4651
  • Fee-for-service continuing care retirement community: shall mean a facility or facilities established pursuant to this article to provide a comprehensive, cohesive living arrangement for the elderly, oriented to the enhancement of the quality of life, pursuant to the terms of the fee-for-service continuing care contract on a fee-for-service schedule. See N.Y. Public Health Law 4651
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • initial appearance: means the proceeding on the date the respondent first appears before the court after a petition has been filed and any adjournments thereof, for the purposes specified in section 320. See N.Y. Family Court Law 320.1
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Juvenile delinquent: means a person over seven and less than sixteen years of age, or commencing on October first, two thousand eighteen a person over seven and less than seventeen years of age, and commencing October first, two thousand nineteen a person over seven and less than eighteen years of age, who, having committed an act that would constitute a crime, or a violation, where such violation is alleged to have occurred in the same transaction or occurrence of the alleged criminal act, if committed by an adult, (a) is not criminally responsible for such conduct by reason of infancy, or (b) is the defendant in an action ordered removed from a criminal court to the family court pursuant to article seven hundred twenty-five of the criminal procedure law. See N.Y. Family Court Law 301.2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Living unit: shall mean an apartment, room, cottage or other area within a community set aside for the exclusive use of one or more residents. See N.Y. Public Health Law 4651
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monthly care fee: shall mean the monthly cost to a resident for prepayment of any services, including rent, rendered pursuant to a contract, exclusive of entrance fees or other prepayments, and any other

    regular periodic charges to the resident, determined on a monthly basis, pursuant to the provisions of a contract. See N.Y. Public Health Law 4651

  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • On-site: shall mean that, unless the context clearly requires otherwise, the services specified in paragraph a of this subdivision be provided at the facility. See N.Y. Public Health Law 4651
  • Operator: shall mean a legal entity operating a fee-for-service continuing care retirement community pursuant to a certificate of authority, as granted pursuant to section forty-six hundred fifty-six of this article. See N.Y. Public Health Law 4651
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Presentment agency: means the agency or authority which pursuant to section two hundred fifty-four or two hundred fifty-four-a is responsible for presenting a juvenile delinquency petition. See N.Y. Family Court Law 301.2
  • Priority reservation agreement: shall mean a cancelable agreement between a prospective fee-for-service continuing care retirement community applicant, an applicant for a certificate of authority or an operator and a prospective resident, for the purpose of evaluating market demand for a proposed fee-for-service continuing care retirement community and for the purpose of guaranteeing to prospective residents an opportunity for priority placement in a fee-for-service continuing care retirement community, under which the prospective resident will pay a refundable priority reservation fee. See N.Y. Public Health Law 4651
  • Priority reservation fee: shall mean the refundable sum of money paid by a prospective resident for deposit with the escrow agent for a prospective fee-for-service continuing care retirement community applicant, an applicant for a certificate of authority or an operator pursuant to a priority reservation agreement. See N.Y. Public Health Law 4651
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Resident: shall mean any person who, pursuant to a contract, is entitled to reside in and receive services from a fee-for-service continuing care retirement community. See N.Y. Public Health Law 4651
  • Respondent: means the person against whom a juvenile delinquency petition is filed pursuant to section 310. See N.Y. Family Court Law 301.2
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Social services: shall mean those services which may include, but are not limited to counseling, case management, and information and referral. See N.Y. Public Health Law 4651
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.