2023 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; and
f. 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.