§ 4651*2 — Definitions

* § 4651. Definitions. As used in this article:\n 1. "Assisted living" and "assisted living residence" means an entity\nwhich provides or arranges for housing, on-site monitoring, and personal\ncare services and/or home care services (either directly or indirectly),\nin a home-like setting to five or more adult residents unrelated to the\nassisted living provider. An applicant for licensure as assisted living\nthat has been approved in accordance with the provisions of this article\nmust also provide daily food service, twenty-four hour on-site\nmonitoring, case management services, and the development of an\nindividualized service plan for each resident. An operator of assisted\nliving shall provide each resident with considerate and respectful care\nand promote the resident's dignity, autonomy, independence and privacy\nin the least restrictive and most home-like setting commensurate with\nthe resident's preferences and physical and mental status.\n Assisted living and enhanced assisted living shall not include:\n (a) residential health care facilities or general hospitals licensed\nunder article twenty-eight of this chapter;\n (b) continuing care retirement communities which possess a certificate\nof authority pursuant to article forty-six of this chapter, unless the\ncontinuing care retirement community is operating an assisted living\nresidence as defined under this section;\n (c) residential services for persons that are provided under a license\npursuant to article sixteen, nineteen, thirty-one or thirty-two of the\nmental hygiene law or other residential services primarily funded by or\nprimarily under the jurisdiction of the office for mental health;\n (d) naturally occurring retirement communities, as defined in section\nfive hundred thirty-six-g of the executive law;\n (e) assisted living programs approved by the department pursuant to\nsection four hundred sixty-one-l of the social services law;\n (f) public or publicly assisted multi-family housing projects\nadministered or regulated by the U.S. department of housing and urban\ndevelopment or the division of housing and community renewal or funded\nthrough the homeless housing assistance program that were designed for\nthe elderly or persons with disabilities, or homeless persons, provided\nsuch entities do not provide or arrange for home care, twenty-four hour\nsupervision or both, beyond providing periodic coordination or\narrangement of such services for residents at no charge to residents.\nExcept, however, such entities that are in receipt of grants for\nconversion of elderly housing to assisted living facilities pursuant to\nsection 1701-q-2 of the United States Code shall license as an assisted\nliving pursuant to this article;\n (g) an operating demonstration as such term is defined in paragraph\n(d) of subdivision one of section four thousand four hundred three-f of\nthis chapter;\n (h) hospice and hospice residences as defined pursuant to section four\nthousand two of this chapter;\n (i) an adult care facility as defined in subdivision twenty-one of\nsection two of the social services law that is not utilizing the term\nassisted living (or any derivation thereof) or is not required to obtain\nan enhanced assisted living certificate; and\n (j) independent senior housing, shelters or residences for adults. For\npurposes of this article and for purposes of determining certification\npursuant to article seven of the social services law, the department\nshall by regulation, define independent senior housing, provided such\ndefinition shall be based on whether the operator does not provide,\narrange for, or coordinate personal care services or home care services\non behalf of residents; and the facility does not provide case\nmanagement services in a congregate care setting for residents. Nothing\nin this chapter shall preclude a resident of independent senior housing\nfrom personally and directly obtaining private personal care or home\ncare services from a licensed or certified home care agency.\n 2. "Applicant" shall mean the entity which submits an assisted living\nlicensure application with the department pursuant to title two or three\nof this article.\n 3. "Adult home" means an adult home as defined by subdivision\ntwenty-five of section two of the social services law.\n 4. "Enriched housing program" means an enriched housing program, as\ndefined in subdivision twenty-eight of section two of the social\nservices law.\n 5. "Assisted living operator" or "operator" means a person, persons or\nan entity which has obtained the written approval of the department to\noperate an assisted living residence in accordance with this article.\n 6. "Controlling person" means any person who by reason of a direct or\nindirect ownership interest, whether of record or beneficial, has the\nability, acting either alone or in concert with others with ownership\ninterests, to direct or cause the direction of the management or\npolicies of said corporation, partnership or other entity.\n 7. "Resident" means an adult not related to the provider, who,\npursuant to a residency agreement with a provider resides in an assisted\nliving or enhanced assisted living residence, as applicable.\n 8. "Resident's representative" means a family member or other\nindividual identified in the residency agreement required under section\nfour thousand six hundred fifty-eight of this article who is authorized\nby a resident to communicate with residence employees regarding the\nhealth, well-being, needs of and services provided to such resident and\nto assist the resident in obtaining needed services.\n 9. "Resident's legal representative" means a person duly authorized\nunder applicable state law to act on behalf of a resident. Such legal\nrepresentative could include, but is not necessarily limited to, a court\nappointed guardian, an attorney in-fact under a durable power of\nattorney, an agent under a health care proxy or a representative payee,\ndepending upon the action to be taken.\n 10. "Home care services" means the services defined in subdivision one\nof section three thousand six hundred two of this chapter, as provided\nby a home care services agency which has been approved to operate\npursuant to article thirty-six of this chapter.\n 11. "Individualized service plan" or "ISP" means a written plan\ndeveloped pursuant to section four thousand six hundred fifty-nine of\nthis article.\n 12. "Monitoring" means an ability of the assisted living provider to\nrespond to urgent or emergency needs or requests for assistance with\nappropriate staff, at any hour of any day or night of the week. Such\nmonitoring must be provided on site.\n 13. "Aging in place" means, care and services at a facility which\npossesses an enhanced assisted living certificate which, to the extent\npracticable, within the scope of services set forth in the written\nresidency agreement executed pursuant to section four thousand six\nhundred fifty-eight of this article, accommodates a resident's changing\nneeds and preferences in order to allow such resident to be admitted to\nor remain in the residence as long as the residence is able and\nauthorized to accommodate the resident's current and changing needs. A\nresidence that does not possess an enhanced assisted living certificate\nshall not be deemed able to accommodate a resident's needs if the\nresident requires or is in need of either enhanced assisted living or\ntwenty-four hour skilled nursing care or medical care provided by\nfacilities licensed pursuant to article twenty-eight of this chapter or\narticle nineteen, thirty-one or thirty-two of the mental hygiene law.\n 14. "Enhanced assisted living" or "enhanced assisted living resident"\nmeans the care or services provided, or a resident who is provided the\ncare and services, pursuant to an enhanced assisted living certificate.\n 15. "Enhanced assisted living certificate" means a certificate issued\nby the department which authorizes an assisted living residence to\nprovide aging in place by either admitting or retaining residents who\ndesire to age in place and who: (a) are chronically chairfast and unable\nto transfer, or chronically require the physical assistance of another\nperson to transfer; (b) chronically require the physical assistance of\nanother person in order to walk; (c) chronically require the physical\nassistance of another person to climb or descend stairs; (d) are\ndependent on medical equipment and require more than intermittent or\noccasional assistance from medical personnel; or (e) has chronic\nunmanaged urinary or bowel incontinence. In no event shall a person be\nadmitted to an assisted living residence who is in need of continual\ntwenty-four hour nursing or medical care, who is chronically bedfast, or\nwho is cognitively, physically or medically impaired to such a degree\nthat his or her safety would be endangered.\n * NB There are 2 § 4651's\n