New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter VII - Life Care Communities › Part 900 - Certificate Of Authority › Section 900.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, unless the context indicates
				  otherwise, the following definitions shall apply:
(a) Adult care facility shall mean an adult
				home or an enriched housing program established pursuant to article 7 of the
				Social Services Law which provides long-term residential care and services to
				adults who, though not requiring continual medical and nursing care as provided
				by facilities licensed or operated pursuant to article 28 of the Public Health
				Law or articles 19, 23, 29 and 31 of the Mental Hygiene Law, are, by reason of
				physical or other limitations associated with age, physical or mental
				disabilities or other factors, unable or substantially unable to live
				independently.
(b) Application fee
				shall mean a sum of money other than an entrance fee deposit or entrance fee
				collected from an individual upon application for admission to the
				community.
(c) Board shall mean the
				provision of meals consisting of food and drink appropriate for the physical
				needs and medical conditions of residents, including the provision of
				therapeutic diets appropriate for the individual resident.
(d) Certificate or certificate of authority
				shall mean an authorization in writing, approved by the Life Care Community
				Council and issued by the Commissioner of Health, for an operator to operate a
				life care community and to enter into life care contracts pertaining to such
				community.
(e) Commissioner shall
				mean the Commissioner of Health.
(f) Contracts or agreements shall mean life
				care contracts as defined in this section.
(g) Controlling person shall mean a person
				who, either directly or indirectly, or through one or more intermediaries,
				possesses the ability to direct or cause the direction of the actions,
				management or policies of a person, whether through the ownership of voting
				securities or voting rights, by contract (except a commercial contract for
				goods or nonmanagement services) or otherwise; but no person shall be deemed to
				control another person solely by reason of his or her being a corporate officer
				or director of such other person (providing such officer or director is not
				acting in concert with others to represent another corporation). Control shall
				be presumed to exist if any person, directly or indirectly, owns, controls or
				holds with the power to vote 10 percent or more of the voting securities or
				voting rights of any other person or is a member of a not-for-profit
				corporation which member is other than a natural person.
(h) Council shall mean the Life Care
				Community Council, established pursuant to section 4602 of article 46 of the
				Public Health Law.
(i) Entrance fee
				shall mean an initial or deferred transfer to an operator, as defined in this
				section, of a sum of money, made or promised to be made by an individual or
				individuals entering into a life care contract, for the purpose of ensuring
				services pursuant to such a contract.
(j) Facility shall mean any place in which an
				operator provides a resident with the services of a life care community,
				pursuant to a contract, whether such place is constructed, owned, leased,
				rented or otherwise contracted for by the operator.
(k) Home health care shall mean services and
				items provided to residents of the community in other than nursing home beds,
				either directly or through a contract arrangement. Such services shall be
				provided under a plan established and periodically reviewed by a physician and
				shall include, but not be limited to, part-time or intermittent nursing care by
				or under the supervision of a registered professional nurse (RN), physical
				therapy, occupational therapy, speech-language pathology, medical social
				services, medical supplies, equipment and appliances and home health aide
				services.
(l) Life care contract
				shall mean a single contract to provide an individual, for the duration of such
				individual's life the services provided by the life care community. Payment for
				services provided under the life care contract can be made:
(1) fully through the entrance fee and
				monthly fees; or
(2) through the
				entrance fee, monthly fees and under an arrangement in which the costs of the
				resident's nursing facility and/or home health care services are paid for in
				whole or in part by long term care insurance or medical assistance payments in
				accordance with the long term care security program for long term care pursuant
				to section
				367-f of
				the Social Services Law, section
				3229 of the
				Insurance Law and section
				4623 of the
				Public Health Law.