New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 485 - General Provisions › Section 485.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Adult-care facility
shall mean a family-type home for adults,
		    a shelter for adults, a residence for adults or an adult home, which provides
		    temporary or long-term residential care and services to adults who, though not
		    requiring continual medical or 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)
Adult home
shall mean an
		    adult-care facility established and operated for the purpose of providing
		    long-term residential care, room, board, housekeeping, personal care and
		    supervision to five or more adults unrelated to the operator.
(c)
Enriched housing program
shall mean an adult-care facility established and operated for the purpose of
		    providing long-term residential care to five or more adults, primarily persons
		    65 years of age or older, in community-integrated settings resembling
		    independent housing units. Such program shall provide or arrange the provision
		    of room, and provide board, housekeeping, personal care and
		    supervision.
(d)
Residence
		    for adults
means an adult-care facility established and operated for
		    the purposes of providing long-term residential care, room, board,
		    housekeeping, case management, activities and supervision to five or more
		    adults, unrelated to the operator, who are unable or substantially unable to
		    live independently.
(e)
Shelter for adults
shall mean an adult-care facility
		    established and operated for the purpose of providing temporary residential
		    care, room, board, supervision, information and referral, and, where required
		    by the department or otherwise deemed necessary by the operator, social
		    rehabilitation services, for adults in need of temporary accommodations,
		    supervision and services. Such definition shall not include facilities
		    providing such temporary residential services to fewer than 20 persons, unless
		    such facility is operated by a social services district.
(f)
Family-type home for
		    adults
shall mean an adult-care facility established and operated for
		    the purpose of providing long-term residential care, room, board, housekeeping,
		    supervision and/ or personal care to four or fewer adults unrelated to the
		    operator.
(g)
Unrelated to
		    the operator of a family-type home
shall mean that the relationship
		    between the operator and the resident is not that of spouse, parent or
		    parent-in-law, child or stepchild.
(h)
Public home
means an
		    adult home, shelter for adults or residence for adults operated by a social
		    services district.
(i)
Private proprietary adult-care facility
shall mean an
		    adult-care facility which is operated for compensation and profit.
(j) An
operator
shall
		    include any natural person or entity which provides or purports to provide
		    residential care and services in an adult-care facility.
(k)
Operating certificate
shall mean a time-limited, nontransferable document issued by the department to
		    signify approval to operate an adult-care facility.
(l)
Application
shall mean
		    the process of submitting prescribed data and information to the department for
		    an operating certificate for a proposed facility, or for the modification or
		    renewal of the operating certificate of an existing facility.
(m)
Certification
shall mean
		    the issuance of an operating certificate by the department, following
		    appropriate review and such site visits as may be necessary, authorizing an
		    operator to operate an adult-care facility.
(n)
Determination of public
		    need
is the process by which the department, in consultation with
		    appropriate State and local planning agencies, determines whether there is a
		    need for more adult-care facility beds in a prescribed geographic
		    area.
(o)
Prescribed
		    geographic area
shall mean the county in which the proposed program is
		    located, unless:
(1) the department determines
		    that another geographic area is more appropriate because an applicant proposes
		    to serve a special, ethnic or religious population, or because of population
		    density, adult-care facility distribution or service availability; or
(2) the applicant demonstrates, to the
		    satisfaction of the department, that another geographic area defining the
		    service area is more appropriate.