Section 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 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 retaining residents who desire to continue 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.
    * NB There are 2 § 4651's