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N.Y. Public Health Law 4651 – Definitions

As used in this article:

1. “Assisted living” and “assisted living residence” means an entity which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider. An applicant for licensure as assisted living that has been approved in accordance with the provisions of this article must also provide daily food service, twenty-four hour on-site monitoring, case management services, and the development of an individualized service plan for each resident. An operator of assisted living shall provide each resident with considerate and respectful care and promote the resident’s dignity, autonomy, independence and privacy in the least restrictive and most home-like setting commensurate with the resident’s preferences and physical and mental status.

Assisted living and enhanced assisted living shall not include:

Terms Used In N.Y. Public Health Law 4651

  • Adult home: means an adult home as defined by subdivision twenty-five of section two of the social services law. See N.Y. Public Health Law 4651
  • Aging in place: means , care and services at a facility which possesses an enhanced assisted living certificate which, to the extent practicable, within the scope of services set forth in the written residency agreement executed pursuant to section four thousand six hundred fifty-eight of this article, accommodates a resident's changing needs and preferences in order to allow such resident to be admitted to or remain in the residence as long as the residence is able and authorized to accommodate the resident's current and changing needs. See N.Y. Public Health Law 4651
  • Applicant: shall mean the entity which submits an assisted living licensure application with the department pursuant to title two or three of this article. See N.Y. Public Health Law 4651
  • assisted living residence: means an entity which provides or arranges for housing, on-site monitoring, and personal care services and/or home care services (either directly or indirectly), in a home-like setting to five or more adult residents unrelated to the assisted living provider. See N.Y. Public Health Law 4651
  • 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.
  • Dependent: A person dependent for support upon another.
  • Enhanced assisted living certificate: means a certificate issued by the department which authorizes an assisted living residence to provide aging in place by either admitting or retaining residents who desire to age in place and who: (a) are chronically chairfast and unable to transfer, or chronically require the physical assistance of another person to transfer; (b) chronically require the physical assistance of another person in order to walk; (c) chronically require the physical assistance of another person to climb or descend stairs; (d) are dependent on medical equipment and require more than intermittent or occasional assistance from medical personnel; or (e) has chronic unmanaged urinary or bowel incontinence. See N.Y. Public Health Law 4651
  • Enriched housing program: means an enriched housing program, as defined in subdivision twenty-eight of section two of the social services law. See N.Y. Public Health Law 4651
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Home care services: means the services defined in subdivision one of section three thousand six hundred two of this chapter, as provided by a home care services agency which has been approved to operate pursuant to article thirty-six of this chapter. See N.Y. Public Health Law 4651
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Monitoring: means an ability of the assisted living provider to respond to urgent or emergency needs or requests for assistance with appropriate staff, at any hour of any day or night of the week. See N.Y. Public Health Law 4651
  • operator: means a person, persons or an entity which has obtained the written approval of the department to operate an assisted living residence in accordance with 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.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Resident: means an adult not related to the provider, who, pursuant to a residency agreement with a provider resides in an assisted living or enhanced assisted living residence, as applicable. See N.Y. Public Health Law 4651
(a) residential health care facilities or general hospitals licensed under article twenty-eight of this chapter;
(b) continuing care retirement communities which possess a certificate of authority pursuant to article forty-six of this chapter, unless the continuing care retirement community is operating an assisted living residence as defined under this section;
(c) residential services for persons that are provided under a license pursuant to article sixteen, nineteen, thirty-one or thirty-two of the mental hygiene law or other residential services primarily funded by or primarily under the jurisdiction of the office for mental health;
(d) naturally occurring retirement communities, as defined in section five hundred thirty-six-g of the executive law;
(e) assisted living programs approved by the department pursuant to section four hundred sixty-one-l of the social services law;
(f) public or publicly assisted multi-family housing projects administered or regulated by the U.S. department of housing and urban development or the division of housing and community renewal or funded through the homeless housing assistance program that were designed for the elderly or persons with disabilities, or homeless persons, provided such entities do not provide or arrange for home care, twenty-four hour supervision or both, beyond providing periodic coordination or arrangement of such services for residents at no charge to residents. Except, however, such entities that are in receipt of grants for conversion of elderly housing to assisted living facilities pursuant to section 1701-q-2 of the United States Code shall license as an assisted living pursuant to this article;
(g) an operating demonstration as such term is defined in paragraph (d) of subdivision one of section four thousand four hundred three-f of this chapter;
(h) hospice and hospice residences as defined pursuant to section four thousand two of this chapter;
(i) an adult care facility as defined in subdivision twenty-one of section two of the social services law that is not utilizing the term assisted living (or any derivation thereof) or is not required to obtain an enhanced assisted living certificate; and
(j) independent senior housing, shelters or residences for adults. For purposes of this article and for purposes of determining certification pursuant to article seven of the social services law, the department shall by regulation, define independent senior housing, provided such definition shall be based on whether the operator does not provide, arrange for, or coordinate personal care services or home care services on behalf of residents; and the facility does not provide case management services in a congregate care setting for residents. Nothing in this chapter shall preclude a resident of independent senior housing from personally and directly obtaining private personal care or home care services from a licensed or certified home care agency.
2. “Applicant” shall mean the entity which submits an assisted living licensure application with the department pursuant to title two or three of this article.
3. “Adult home” means an adult home as defined by subdivision twenty-five of section two of the social services law.
4. “Enriched housing program” means an enriched housing program, as defined in subdivision twenty-eight of section two of the social services law.
5. “Assisted living operator” or “operator” means a person, persons or an entity which has obtained the written approval of the department to operate an assisted living residence in accordance with this article.
6. “Controlling person” means any person who by reason of a direct or indirect ownership interest, whether of record or beneficial, has the ability, acting either alone or in concert with others with ownership interests, to direct or cause the direction of the management or policies of said corporation, partnership or other entity.
7. “Resident” means an adult not related to the provider, who, pursuant to a residency agreement with a provider resides in an assisted living or enhanced assisted living residence, as applicable.
8. “Resident’s representative” means a family member or other individual identified in the residency agreement required under section four thousand six hundred fifty-eight of this article who is authorized by a resident to communicate with residence employees regarding the health, well-being, needs of and services provided to such resident and to assist the resident in obtaining needed services.
9. “Resident’s legal representative” means a person duly authorized under applicable state law to act on behalf of a resident. Such legal representative could include, but is not necessarily limited to, a court appointed guardian, an attorney in-fact under a durable power of attorney, an agent under a health care proxy or a representative payee, depending upon the action to be taken.
10. “Home care services” means the services defined in subdivision one of section three thousand six hundred two of this chapter, as provided by a home care services agency which has been approved to operate pursuant to article thirty-six of this chapter.
11. “Individualized service plan” or “ISP” means a written plan developed pursuant to section four thousand six hundred fifty-nine of this article.
12. “Monitoring” means an ability of the assisted living provider to respond to urgent or emergency needs or requests for assistance with appropriate staff, at any hour of any day or night of the week. Such monitoring must be provided on site.
13. “Aging in place” means, care and services at a facility which possesses an enhanced assisted living certificate which, to the extent practicable, within the scope of services set forth in the written residency agreement executed pursuant to section four thousand six hundred fifty-eight of this article, accommodates a resident’s changing needs and preferences in order to allow such resident to be admitted to or remain in the residence as long as the residence is able and authorized to accommodate the resident’s current and changing needs. A residence that does not possess an enhanced assisted living certificate shall not be deemed able to accommodate a resident’s needs if the resident requires or is in need of either enhanced assisted living or twenty-four hour skilled nursing care or medical care provided by facilities licensed pursuant to article twenty-eight of this chapter or article nineteen, thirty-one or thirty-two of the mental hygiene law.
14. “Enhanced assisted living” or “enhanced assisted living resident” means the care or services provided, or a resident who is provided the care and services, pursuant to an enhanced assisted living certificate.
15. “Enhanced assisted living certificate” means a certificate issued by the department which authorizes an assisted living residence to provide aging in place by either admitting or retaining residents who desire to age in place and who: (a) are chronically chairfast and unable to transfer, or chronically require the physical assistance of another person to transfer; (b) chronically require the physical assistance of another person in order to walk; (c) chronically require the physical assistance of another person to climb or descend stairs; (d) are dependent on medical equipment and require more than intermittent or occasional assistance from medical personnel; or (e) has chronic unmanaged urinary or bowel incontinence. In no event shall a person be admitted to an assisted living residence who is in need of continual twenty-four hour nursing or medical care, who is chronically bedfast, or who is cognitively, physically or medically impaired to such a degree that his or her safety would be endangered.

N.Y. Public Health Law 4651 – Definitions

As used in this article:

2. “Certificates” or “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.

Terms Used In N.Y. Public Health Law 4651

  • 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.
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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
  • 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
  • Meal plan: shall mean an arrangement whereby the person entering into a fee-for-service continuing care contract is provided with no fewer than five meals per month. See N.Y. Public Health Law 4651
  • 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
  • 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
  • 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
  • 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
3. “Community” shall mean a fee-for-service continuing care retirement community established pursuant to this article.
4. “Control”, “controlling”, “controlled by”, and “under common control with” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities or voting rights, by contract (except a commercial contract for goods or non-management services) or otherwise; but no person shall be deemed to control another person solely by reason of his or her being an officer or director of such other person. Control shall be presumed to exist if any person directly or indirectly owns, controls or holds with the power to vote ten percent or more of the voting securities or voting rights of any other person or is a corporate member of the legal entity.
5. “Council” shall mean the continuing care retirement community council, established pursuant to section forty-six hundred two of this chapter.
6. “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.
7. “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.
8.

a. “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. Such facility, at a minimum, shall provide access to on-site geriatric services, including, but not limited to, nursing facility services, services provided by an adult care facility, home health services, a meal plan, social services and independent living units.
b. “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.
9. “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.
10. “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.
11. “Meal plan” shall mean an arrangement whereby the person entering into a fee-for-service continuing care contract is provided with no fewer than five meals per month. Additional meals shall be available on a fee-for-service basis.
12. “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.
13. “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.
14. “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. A priority reservation agreement shall not be deemed to be a fee-for-service continuing care contract.
15. “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.
17. “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.
18. “Social services” shall mean those services which may include, but are not limited to counseling, case management, and information and referral.