NY Pub Health L § 4601 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4601 - Definitions.

§ 4601. Definitions. As used in this article:1.   "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 continuing care retirement   community and to enter into continuing  care  retirement  contracts  and   continuing care at home contracts pertaining to such community.2. "Commissioner" shall mean the commissioner of health.2-a. "Continuing care retirement contract" or "continuing care at home   contract"  shall mean a single contract to provide a person the services   provided by a continuing care retirement community.2-b. "Continuing care retirement community" or "community" shall  mean   a  facility  or  facilities  established  to  provide  a  comprehensive,   cohesive living arrangement for the elderly, oriented to the enhancement   of the quality of life and which, pursuant to a contract, at a minimum:a. for continuing  care  retirement  contracts,  provides  independent   living  units, and meal plan options. The independent living unit can be   made available either through a non-equity  arrangement  or  through  an   equity  arrangement  including,  but  not  limited  to  a cooperative or   condominium.  For purposes of this article, the  purchase  price  of  an   independent living unit in an equity arrangement, regardless of the form   of  the  purchase  agreement,  shall  not be considered an entry fee for   purposes of calculating reserve liabilities, but shall be considered  an   entry fee for escrow purposes;b.  provides  a  range  of health care and social services, subject to   such terms as may be included within the contract, which  shall  include   adult  care  facility  services  of  an on-site or affiliated adult care   facility, and at a minimum, sixty days of prepaid services of an on-site   or affiliated nursing facility  for  residents  not  receiving  services   under a fee-for-service contract;c.  provides  access  to  health  services as defined in the contract,   prescription drugs, and rehabilitation services;d. nothing in  this  article  shall  eliminate  the  obligation  of  a   continuing  care  retirement community to provide at least sixty days of   prepaid nursing facility services to all residents, with  the  exception   of  residents  receiving  services  under the terms of a fee-for-service   continuing care contract as defined in this section.  The  prepaid  days   must  include the first sixty days of nursing facility services, whether   or not consecutive, not covered by Title XVIII  of  the  federal  social   security act;e.   communities   established   under   this   article  and  offering   fee-for-service continuing care contracts must offer,  along  with  such   fee-for-service  continuing  care contracts, life care and/or continuing   care contracts as defined in subdivision eight-a of this section; andf. communities established under this article offering continuing care   at home contracts must also offer continuing care  retirement  contracts   and  must  maintain a continuing care retirement community that operates   in support of the continuing care at home contracts.3. "Contracts" or "agreements" shall mean continuing care at  home  or   continuing care retirement contracts as defined in 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 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   article.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  continuing  care  retirement  contract  or   continuing care at home 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  continuing  care  retirement   community,  pursuant  to  a contract, whether such place is constructed,   owned, leased, rented, or otherwise contracted for by the operator.8. "Life care contract" shall mean a single continuing care retirement   contract or a continuing care at home contract to provide a person,  for   the  duration  of  such  person's  life,  the  services  provided by the   continuing care  retirement  community,  which  services  shall  include   unlimited  services  of  the  affiliated community's nursing facility or   affiliated nursing home. Such term also shall mean a  single  continuing   care  retirement  contract to provide a person, for the duration of such   person's life, the services provided by the continuing  care  retirement   community  under  an  arrangement  in  which the costs of the residents'   unlimited nursing home or home care services are paid for in whole or in   part by a long term care insurance policy approved by the superintendent   in accordance with applicable regulations or by long term care insurance   or medical assistance payments in accordance with  the  partnership  for   long  term  care  program  pursuant  to  the provisions of section three   hundred sixty-seven-f of the social services law, section three thousand   two hundred twenty-nine of the insurance law and section  four  thousand   six hundred twenty-three of this chapter.8-a.  "Fee-for-service  continuing  care contract" shall mean a single   continuing care retirement contract that provides  long-term  and  other   services on a per diem, fee-for-service or monthly rate.8-b.  "Continuing  care at home contract" shall mean a single contract   to provide a person with long term care services and supports based upon   the person's needs and  coordinated  by  a  case  manager,  which  shall   include  services  provided  to  the  person in his or her residence and   services of the community's nursing facility and adult care facility, or   affiliated facilities.9. "Life care shall mean those services provided pursuant to  a  "life   care contract".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,  or  in  the  case of a continuing care at home contract, the   contract holder's private residence.11. "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.12. "Operator" shall mean a legal entity operating a  continuing  care   retirement community pursuant to a certificate of authority.13. "Priority reservation agreement" shall mean a cancelable agreement   between a prospective 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  continuing  care  retirement  community and for the purpose of    guaranteeing  to  prospective  residents  an  opportunity  for  priority   placement  in  a  continuing  care retirement community, under which the   prospective resident will pay a refundable priority reservation  fee.  A   priority  reservation  agreement  does  not  fall  within the meaning of   contracts or agreements as defined in subdivision three of this section.14. "Priority reservation fee" shall mean the refundable sum of  money   paid  by  a prospective resident for deposit with the escrow agent for a   prospective continuing care retirement community applicant, an applicant   for a certificate of authority or an operator  pursuant  to  a  priority   reservation agreement.15.  "Resident"  shall  mean  any person who, pursuant to a continuing   care retirement  contract  or  continuing  care  at  home  contract,  is   entitled  to  reside  in  and/or receive services from a continuing care   retirement community.15-a. "ILU resident" shall mean a continuing care retirement  contract   holder  who  resides  in  a  living  unit  within  the  continuing  care   retirement community.15-b. "Home resident" shall mean a continuing care  at  home  contract   holder  who  resides  in  a private residence off of the continuing care   retirement community campus.16. "Residential health care  demonstration  facility"  shall  mean  a   residential health care facility containing up to sixty beds, within the   defined  geographical boundary of each health systems agency established   under the provisions of subdivision (c) of section  twenty-nine  hundred   four  of  this  chapter,  provided  that  such  residential  health care   facility is an integrated part of a comprehensive system of  residential   and  support  services  for  the  elderly,  providing either directly or   through one or more affiliated entities, prior to the effective date  of   this subdivision, on or adjacent to the site of the proposed residential   health  care  facility, independent living units, an adult care facility   as defined in section two of the social services  law  and  a  range  of   health  care  and  social  services, which may include home health care,   counselling, case management and information and referral.16-a. "Social services" shall mean those services which  may  include,   but  not  be limited to counseling, case management, and information and   referral.17.  "Superintendent"  shall  mean  the  superintendent  of  financial   services.