§ 4651 — Definitions

New York § 4651

• Jurisdiction: New York
• Law PBH: Public Health
• Art. 46-A: Fee-for-service Continuing Care Retirement Communities Demonstration Program

Text

* § 4651. Definitions. As used in this article:\n 2. "Certificates" or "certificate of authority" shall mean an\nauthorization in writing, approved and issued by the commissioner, for\nan operator to operate a fee-for-service continuing care retirement\ncommunity and to enter into fee-for-service continuing care contracts\npertaining to such community.\n 3. "Community" shall mean a fee-for-service continuing care retirement\ncommunity established pursuant to this article.\n 4. "Control", "controlling", "controlled by", and "under common\ncontrol with" shall mean the possession, directly or indirectly, of the\npower to direct or cause the direction of the management and policies of\na person, whether through the ownership of voting securities or voting\nrights, by contract (except a commercial contract for goods or\nnon-management services) or otherwise; but no person shall be deemed to\ncontrol another person solely by reason of his or her being an officer\nor director of such other person. Control shall be presumed to exist if\nany person directly or indirectly owns, controls or holds with the power\nto vote ten percent or more of the voting securities or voting rights of\nany other person or is a corporate member of the legal entity.\n 5. "Council" shall mean the continuing care retirement community\ncouncil, established pursuant to section forty-six hundred two of this\nchapter.\n 6. "Entrance fee" shall mean an initial or deferred transfer to an\noperator of a sum of money, made or promised to be made by a person or\npersons entering into a fee-for-service continuing care contract, for\nthe purpose of ensuring services pursuant to such a contract.\n 7. "Facility" shall mean any place in which an operator undertakes to\nprovide a resident with the services of a fee-for-service continuing\ncare retirement community, pursuant to a contract, whether such place is\nconstructed, owned, leased, rented or otherwise contracted for by the\noperator.\n 8. a. "Fee-for-service continuing care retirement community" shall\nmean a facility or facilities established pursuant to this article to\nprovide a comprehensive, cohesive living arrangement for the elderly,\noriented to the enhancement of the quality of life, pursuant to the\nterms of the fee-for-service continuing care contract on a\nfee-for-service schedule. Such facility, at a minimum, shall provide\naccess to on-site geriatric services, including, but not limited to,\nnursing facility services, services provided by an adult care facility,\nhome health services, a meal plan, social services and independent\nliving units.\n b. "On-site" shall mean that, unless the context clearly requires\notherwise, the services specified in paragraph a of this subdivision be\nprovided at the facility.\n 9. "Fee-for-service continuing care contract" shall mean a single\ncontinuing care retirement contract that provides long-term care and\nother services on a per diem, fee-for-service or other agreed upon rate.\n 10. "Living unit" shall mean an apartment, room, cottage or other area\nwithin a community set aside for the exclusive use of one or more\nresidents.\n 11. "Meal plan" shall mean an arrangement whereby the person entering\ninto a fee-for-service continuing care contract is provided with no\nfewer than five meals per month. Additional meals shall be available on\na fee-for-service basis.\n 12. "Monthly care fee" shall mean the monthly cost to a resident for\nprepayment of any services, including rent, rendered pursuant to a\ncontract, exclusive of entrance fees or other prepayments, and any other\nregular periodic charges to the resident, determined on a monthly basis,\npursuant to the provisions of a contract.\n 13. "Operator" shall mean a legal entity operating a fee-for-service\ncontinuing care retirement community pursuant to a certificate of\nauthority, as granted pursuant to section forty-six hundred fifty-six of\nthis article.\n 14. "Priority reservation agreement" shall mean a cancelable agreement\nbetween a prospective fee-for-service continuing care retirement\ncommunity applicant, an applicant for a certificate of authority or an\noperator and a prospective resident, for the purpose of evaluating\nmarket demand for a proposed fee-for-service continuing care retirement\ncommunity and for the purpose of guaranteeing to prospective residents\nan opportunity for priority placement in a fee-for-service continuing\ncare retirement community, under which the prospective resident will pay\na refundable priority reservation fee. A priority reservation agreement\nshall not be deemed to be a fee-for-service continuing care contract.\n 15. "Priority reservation fee" shall mean the refundable sum of money\npaid by a prospective resident for deposit with the escrow agent for a\nprospective fee-for-service continuing care retirement community\napplicant, an applicant for a certificate of authority or an operator\npursuant to a priority reservation agreement.\n 17. "Resident" shall mean any person who, pursuant to a contract, is\nentitled to reside in and receive services from a fee-for-service\ncontinuing care retirement community.\n 18. "Social services" shall mean those services which may include, but\nare not limited to counseling, case management, and information and\nreferral.\n * NB There are 2 § 4651's\n