N.Y. Public Health Law § 4651*2: Definitions

* § 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:

(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.

* NB There are 2 § 4651's