New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter X - Assisted Living Residences › Part 1001 - Assisted Living Residences › Section 1001.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Assisted living, assisted living
				residence or ALR 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
				article 46-B of the Public Health Law and this Part must also provide daily
				food service, 24-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 homelike setting commensurate with the
				resident's preferences and physical and mental status. Assisted living,
				enhanced assisted living and special needs assisted living shall not include:
(1) residential health care facilities or
				general hospitals licensed under article 28 of the Public Health Law;
(2) continuing care retirement communities
				which possess a certificate of authority pursuant to article 46 of this
				chapter, unless the continuing care retirement is operating an assisted living
				residence as defined under this section;
(3) residential services for persons that are
				provided under a license pursuant to article 16, 19, 31 or 32 of the Mental
				Hygiene Law or other residential services primarily funded by or primarily
				under the jurisdiction of the Office of Mental Health;
(4) naturally occurring retirement
				communities, as defined in section
				209 of the Elder
				Law;
(5) assisted living programs
				approved by the department pursuant to section
				461-l of
				the Social Services Law;
(6) 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,
				24-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 be licensed as an assisted living residence pursuant
				to article 46-B of the Public Health Law and this Part;
(7) an operating demonstration as such term
				is defined in paragraph (d) of subdivision (1) of section
				4403-f of
				the Public Health Law;
(8) hospice
				and hospice residences as defined pursuant to section
				4002 of the
				Public Health Law;
(9) an adult
				care facility as defined in subdivision (21) of section
				2 of the
				Social Services Law that is not utilizing the term assisted living (or any
				derivation thereof) or is not required to obtain licensure as assisted living
				or certification as enhanced assisted living or special needs assisted living;
				and
(10) independent senior
				housing, shelters or residences for adults.
(i) For purposes of determining the necessity
				to become licensed as an assisted living residence, the term independent senior
				housing shall mean a housing setting serving seniors in which:
(a) no individual or entity provides,
				arranges for or coordinates long-term housing, on-site monitoring and either
				personal care or home care services for five or more residents of such housing
				setting unrelated to the housing provider; and in which
(b) neither the housing setting nor other
				services provided in such setting are advertised or marketed to the public as
				assisted living, assistive living or any similar term.
(ii) For purposes of determining the
				necessity to become licensed as an adult home, enriched housing program or
				residence for adults, the term independent senior housing shall mean a housing
				setting serving seniors in which no individual or entity provides, arranges for
				or coordinates long-term housing and either personal care or supervision for
				five or more residents of such housing setting unrelated to the housing
				provider.
(iii) A resident of
				independent senior housing shall have the ability to obtain, personally and
				directly, personal care services or home care services from a home care
				services agency licensed or certified pursuant to article 36 of the Public
				Health Law.
(iv) The provision,
				arrangement for or coordination of one or more of the following services shall
				not, in and of itself, require licensure as an adult care facility or assisted
				living residence: room, board, laundry, housekeeping, information and referral,
				security, concierge-like services, or case management services, including
				assisting tenants with housing issues, providing information to tenants
				regarding services and activities available in the community and assisting
				tenants in contacting such services and activities, and contacting appropriate
				responders in urgent and emergency situations. Case management services in
				independent senior housing shall not include case management in any setting in
				which an entity:
(a) provides, arranges for
				or coordinates housing, on-site monitoring and personal care services and/or
				home care services to five or more adults unrelated to provider; or
(b) on a continual basis supervises or
				monitors the health status of five or more adults unrelated to the
				provider.
(v) An
				individual or entity that provides housing and either personal care or
				supervision (either directly or indirectly) to persons unrelated to the
				operator shall be subject to licensure under the appropriate category as an
				adult care facility.
(vi) Where a
				housing entity and a services entity are commonly owned or otherwise subject to
				the control of one or more entities or principals and work together to provide,
				arrange or coordinate housing and such services as are set forth in this
				subdivision or subdivision (b) of this section, such housing and services
				entities shall be subject to licensure under the appropriate category as an
				adult care facility and/or assisted living residence.
(vii) Indicators that an entity or individual
				is providing or arranging for personal care services and/or home care services
				include, but are not limited to, provision or arrangement for the following:
(a) initiation, implementation or overseeing
				of a schedule of personal care or home care visits for residents; or
(b) overseeing of the provision of personal
				care, home care or monitoring services to residents; or
(c) conducting initial and follow up health
				assessments regarding residents' health needs and functioning; or
(d) having a written contract or otherwise
				providing a statement under which the entity or individual agrees to provide,
				arrange for or coordinate the services stated herein.