NY Pub Health L § 4651 (2021)
2021 New York Laws PBH - Public Health Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program 4651 - Definitions.

* § 4651. Definitions. As used in this article:2.   "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 fee-for-service continuing   care retirement community and to enter into  fee-for-service  continuing   care contracts pertaining to such community.3. "Community" shall mean a fee-for-service continuing care retirement   community established pursuant to 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 or her 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   chapter.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 fee-for-service continuing  care  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  fee-for-service  continuing   care retirement community, pursuant to a contract, whether such place is   constructed,  owned,  leased,  rented or otherwise contracted for by the   operator.8. a. "Fee-for-service continuing  care  retirement  community"  shall   mean  a  facility  or facilities established pursuant to this article to   provide a comprehensive, cohesive living arrangement  for  the  elderly,   oriented  to  the  enhancement  of  the quality of life, pursuant to the   terms  of  the   fee-for-service   continuing   care   contract   on   a   fee-for-service  schedule.    Such facility, at a minimum, shall provide   access to on-site geriatric services, including,  but  not  limited  to,   nursing  facility services, services provided by an adult care facility,   home health services, a  meal  plan,  social  services  and  independent   living units.b.  "On-site"  shall  mean  that,  unless the context clearly requires   otherwise, the services specified in paragraph a of this subdivision  be   provided at the facility.9.  "Fee-for-service  continuing  care  contract"  shall mean a single   continuing care retirement contract that  provides  long-term  care  and   other services on a per diem, fee-for-service or other agreed upon rate.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.11. "Meal plan" shall mean an arrangement whereby the person  entering   into  a  fee-for-service  continuing  care  contract is provided with no   fewer than five meals per month. Additional meals shall be available  on   a fee-for-service basis.12.  "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.13.  "Operator"  shall mean a legal entity operating a fee-for-service   continuing care  retirement  community  pursuant  to  a  certificate  of   authority, as granted pursuant to section forty-six hundred fifty-six of   this article.14. "Priority reservation agreement" shall mean a cancelable agreement   between   a   prospective  fee-for-service  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 fee-for-service continuing care  retirement   community  and  for the purpose of guaranteeing to prospective residents   an opportunity for priority placement in  a  fee-for-service  continuing   care retirement community, under which the prospective resident will pay   a  refundable priority reservation fee. A priority reservation agreement   shall not be deemed to be a fee-for-service continuing care contract.15. "Priority reservation fee" shall mean the refundable sum of  money   paid  by  a prospective resident for deposit with the escrow agent for a   prospective  fee-for-service  continuing   care   retirement   community   applicant,  an  applicant  for a certificate of authority or an operator   pursuant to a priority reservation agreement.17. "Resident" shall mean any person who, pursuant to a  contract,  is   entitled  to  reside  in  and  receive  services  from a fee-for-service   continuing care retirement community.18. "Social services" shall mean those services which may include, but   are not limited to counseling,  case  management,  and  information  and   referral.* NB There are 2 § 4651's