§ 2 — Definitions

New York § 2

• Jurisdiction: New York
• Law SOS: Social Services
• Art. 1: Short Title; Definitions

Text

§ 2. Definitions. When used in this chapter unless otherwise expressly\nstated or unless the context or subject matter requires a different\ninterpretation.\n 1. Department means the state department of social services, provided\nhowever that for purposes of titles eleven, eleven-A and eleven-B of\narticle five of this chapter, department means the state department of\nhealth, except that in subdivisions two and three of section three\nhundred sixty-four-i, clause (d) of subparagraph three of paragraph (b)\nof subdivision two of section three hundred sixty-six, paragraph (b) of\nsubdivision four of section three hundred sixty-six, subdivisions one\nthrough five of section three hundred sixty-six-a, subdivision seven of\nsection three hundred sixty-six-a, and section three hundred\nsixty-eight-c of this chapter and where the context thereof clearly\nrequires otherwise, department means the state department of social\nservices.\n 2. Board means the state board of social welfare as continued by the\nexecutive law.\n 6. Commissioner means the state commissioner of social services,\nprovided however that for purposes of titles eleven, eleven-A and\neleven-B of article five of this chapter, commissioner means the state\ncommissioner of health, except that in clause (c) of subparagraph three\nof paragraph (b) of subdivision two of section three hundred sixty-six\nof this chapter and where the context thereof clearly requires\notherwise, commissioner means the state commissioner of social services.\n 7. Social services district means a city or county social services\ndistrict as constituted by section sixty-one.\n 8. County commissioner of social services shall mean the county\nofficer, board or commission, by whatever title known, having authority\nto give the public assistance and care for the administration of which a\ncounty social services district is responsible.\n 9. City commissioner of social services shall mean the city officer,\nboard or commission, by whatever title known, having authority to give\nthe public assistance and care for the administration of which a city\nsocial services district is responsible.\n 10. Commissioner of social services shall mean a city or county\ncommissioner of social services.\n 14. Social services official shall mean a county commissioner of\nsocial services, a city commissioner of social services, a town social\nservices officer or city social services officer to whom the power or\nduty referred to is assigned under the provisions of this chapter. In\nany law where reference is made by any title to an official charged with\nthe duty of caring for the poor in a town, city or county, it shall be\nunderstood as referring to the one of the above mentioned social\nservices officials on whom the power or duty referred to is conferred\nunder the provisions of this chapter.\n 15. Public home means an adult care facility or a residential health\ncare facility operated by a social services district. In any law where\nreference is made by any name to an almshouse maintained at public\nexpense, it shall be construed as referring to a public home.\n 16. Legislative body means the board or boards empowered to make\nappropriations for public assistance and care in a county, town or city.\n 17. Social services department means the division or officer of city\ngovernment or the office or official or board charged with the authority\nto administer public assistance or care in the county social services\ndistrict.\n 18. Public assistance and care includes family assistance, safety net\nassistance, veteran assistance, medical assistance for needy persons,\ninstitutional care for adults and child care granted at public expense\npursuant to this chapter.\n 19. Public assistance refers to family assistance, safety net\nassistance and veteran assistance.\n * 21. Adult care facility shall mean a family type home for adults, a\nshelter for adults, a residence for adults, an enriched housing program\nor an adult home, which provides temporary or long-term residential care\nand services to adults who, though not requiring continual medical or\nnursing care as provided by facilities licensed pursuant to article\ntwenty-eight of the public health law or articles nineteen,\ntwenty-three, thirty-one and thirty-two of the mental hygiene law, are\nby reason of physical or other limitations associated with age, physical\nor mental disabilities or other factors, unable or substantially unable\nto live independently. In addition, a residence for adults, enriched\nhousing program or an adult home may provide services to non-residents\nin accordance with the provisions of section four hundred sixty-one-k of\nthis chapter.\n * NB Effective until July 1, 2026\n * 21. Adult care facility shall mean a family type home for adults, a\nshelter for adults, a residence for adults, an enriched housing program\nor an adult home, which provides temporary or long-term residential care\nand services to adults who, though not requiring continual medical or\nnursing care as provided by facilities licensed pursuant to article\ntwenty-eight of the public health law or articles nineteen, twenty-three\nand thirty-one of the mental hygiene law, are by reason of physical or\nother limitations associated with age, physical or mental disabilities\nor other factors, unable or substantially unable to live independently.\n * NB Effective July 1, 2026\n 22. A family type home for adults shall mean an adult care facility\nestablished and operated for the purpose of providing long-term\nresidential care and personal care and/or supervision to four or fewer\nadult persons unrelated to the operator.\n 23. A shelter for adults shall mean an adult care facility established\nand operated for the purpose of providing temporary residential care,\nroom, board, supervision, information and referral, and where required\nby the department or otherwise deemed necessary by the operator, social\nrehabilitation services, for adults in need of temporary accommodations,\nsupervision and services. Such definition shall not include facilities\nproviding such temporary residential services to fewer than twenty\npersons, unless such facility is operated by a social services district.\n 24. A residence for adults shall mean an adult care facility\nestablished and operated for the purposes of providing long-term\nresidential care, room, board, housekeeping and supervision to five or\nmore adults, unrelated to the operator. The provisions of this\nsubdivision shall not apply to any housing projects established pursuant\nto the private housing finance law, the public housing law, the\nmembership corporations law or the not-for-profit corporation law except\nfor those distinct programs operated by such projects which provide\nsupervision and/or personal care and which are approved or certified by\nthe department.\n 25. An adult home shall mean an adult care facility established and\noperated for the purpose of providing long-term residential care, room,\nboard, housekeeping, personal care, (either directly or indirectly), and\nsupervision to five or more adults unrelated to the operator. The\nprovisions of this subdivision shall not apply to any housing projects\nestablished pursuant to the private housing finance law, the public\nhousing law, the membership corporations law or the not-for-profit\ncorporation law except for those distinct programs operated by such\nprojects which provide supervision and/or personal care and which are\napproved or certified by the department.\n 26. A private proprietary residence for adults shall mean a residence\nfor adults, as defined by subdivision twenty-four of this section, which\nis operated for compensation and profit.\n 27. A private proprietary adult home shall mean an adult home, as\ndefined by subdivision twenty-five of this section, which is operated\nfor compensation and profit.\n 28. An enriched housing program shall mean an adult care facility\nestablished and operated for the purpose of providing long-term\nresidential care to five or more adults, primarily persons sixty-five\nyears of age or older, in community-integrated settings resembling\nindependent housing units. Such program shall provide or arrange the\nprovision of room, and provide board, housekeeping, personal care and\nsupervision.\n 29. For purposes of title two, and, where applicable, title one of\narticle seven of this chapter, an operator shall include any natural\nperson or entity which provides or purports to provide residential care\nand services in an adult care facility.\n 30. An intermediate care facility shall mean a facility or part\nthereof approved by the state department of health to provide therein\nhealth-related care and services to persons who because of their\nphysical or mental condition, or both, require institutional care and\nservices, in addition to board and lodging, but who do not have such an\nillness, disease, injury, or other condition as to require the\ninstitutional care and services provided only by a hospital or nursing\nhome, providing such facility meets standards of safety and sanitation\nin accordance with state and federal requirements in addition to those\napplicable to nursing homes under state law.\n 31. The term "infant" or "minor" shall mean a person who has not\nattained the age of eighteen years except with respect to article six of\nthis chapter.\n 32. "Residential treatment facility for children and youth" shall have\nthe meaning defined in section 1.03 of the mental hygiene law.\n 33. "Residential care center for adults" shall have the meaning\ndefined in section 1.03 of the mental hygiene law.\n 35. Indian tribe shall mean those tribes designated as Indian tribes\nby the bureau of Indian affairs of the federal department of the\ninterior or by the state of New York.\n 36. Indian child shall mean any unmarried person who:\n (a) is under the age of eighteen; or\n (b) is under the age of twenty-one, entered foster care prior to\nhis/her eighteenth birthday and remains in care, and who:\n (i) is a member of an Indian tribe, or\n (ii) is eligible for membership in an Indian tribe, or\n (iii) is the biological child of a member of an Indian tribe and is\nresiding on or is domiciled within an Indian reservation.\n * 37. "Comprehensive psychiatric emergency program" shall have the\nmeaning defined in section 1.03 of the mental hygiene law.\n * NB Repealed July 1, 2027\n 38. When used in this chapter, the following terms shall have the\nfollowing meanings, unless otherwise expressly stated or unless the\ncontext or subject matter requires a different interpretation:\n (a) "Medicaid" or "medical assistance" means title eleven of article\nfive of this chapter and the program thereunder.\n (b) "Family health plus" means title eleven-D of article five of this\nchapter and the program thereunder.\n (c) "Child health plus" means title one-A of article twenty-five of\nthe public health law and the program thereunder.\n (d) "Medicaid managed care" means Medicaid provided under section\nthree hundred sixty-four-j of this chapter.\n (e) "Medicaid fee-for-service" means Medicaid provided other than\nunder Medicaid managed care.\n 39. "Mental illness" shall have the same meaning as defined in section\n1.03 of the mental hygiene law.\n 40. "Developmental disability" shall have the same meaning as defined\nin section 1.03 of the mental hygiene law.\n