NY Pub Health L § 4651-2 (2021)
2021 New York Laws PBH - Public Health Article 46-B - Assisted Living Title 1 - Findings and Definitions 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