2023 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