2013 New York Consolidated Laws
PBH - Public Health
Article 46 - (4600 - 4624) CONTINUING CARE RETIREMENT COMMUNITIES
4601 - Definitions.

 
    § 4601. Definitions. As used in this article:
    1.   "Certificates"  or  "certificate  of  authority"  shall  mean  an
  authorization in writing, approved by the  council  and  issued  by  the
  commissioner,  for  an  operator to operate a continuing care retirement
  community  and  to  enter  into  continuing  care  retirement  contracts
  pertaining to such community.
    2. "Commissioner" shall mean the commissioner of health.
    2-a.  "Continuing  care  retirement  contract"  shall  mean  a  single
  contract to provide a person the services provided by a continuing  care
  retirement community.
    2-b.  "Continuing care retirement community" or "community" shall mean
  a  facility  or  facilities  established  to  provide  a  comprehensive,
  cohesive living arrangement for the elderly, oriented to the enhancement
  of  the  quality  of  life  and  which,  pursuant  to  the  terms of the
  continuing care contract, at a minimum:
    a. provides independent living units, and provides a  meal  plan.  The
  independent   living  unit  can  be  made  available  either  through  a
  non-equity arrangement or through an equity arrangement  including,  but
  not  limited  to  a  cooperative  or  condominium.  For purposes of this
  article, the purchase price of an independent living unit in  an  equity
  arrangement, regardless of the form of the purchase agreement, shall not
  be   considered  an  entry  fee  for  purposes  of  calculating  reserve
  liabilities, but shall be considered an entry fee for escrow purposes;
    b. provides a range of health care and  social  services,  subject  to
  such  terms  as may be included within the contract, which shall include
  adult care facility services of an  on-site  or  affiliated  adult  care
  facility, and at a minimum, sixty days of prepaid services of an on-site
  or  affiliated  nursing  facility  for  residents not receiving services
  under a fee-for-service contract;
    c. provides access to health services  as  defined  in  the  contract,
  prescription drugs, and rehabilitation services;
    d.  nothing  in  this  article  shall  eliminate  the  obligation of a
  continuing care retirement community to provide at least sixty  days  of
  prepaid  nursing  facility services to all residents, with the exception
  of residents receiving services under the  terms  of  a  fee-for-service
  continuing  care  contract  as defined in this section. The prepaid days
  must include the first sixty days of nursing facility services,  whether
  or  not  consecutive,  not  covered by Title XVIII of the federal social
  security act; and
    e.  communities  established   under   this   article   and   offering
  fee-for-service  continuing  care  contracts must offer, along with such
  fee-for-service continuing care contracts, life care  and/or  continuing
  care contracts as defined in subdivision eight-a of this section.
    3.  "Contracts"  or "agreements" shall mean continuing care retirement
  contracts as defined in this article.
    4.  "Control",  "controlling",  "controlled  by",  and  "under  common
  control with" shall mean the possession, directly, or indirectly, of the
  power to direct or cause the direction of the management and policies of
  a  person,  whether through the ownership of voting securities or voting
  rights,  by  contract  (except  a  commercial  contract  for  goods   or
  non-management  services) or otherwise; but no person shall be deemed to
  control another person solely by reason  of  his  being  an  officer  or
  director of such other person. Control shall be presumed to exist if any
  person directly or indirectly owns, controls, or holds with the power to
  vote  ten  percent  or more of the voting securities or voting rights of
  any other person or is a corporate member of the legal entity.

    5. "Council" shall  mean  the  continuing  care  retirement  community
  council,  established  pursuant to section forty-six hundred two of this
  article.
    6.  "Entrance  fee"  shall  mean an initial or deferred transfer to an
  operator of a sum of money, made or promised to be made by a  person  or
  persons  entering  into  a  continuing care retirement contract, for the
  purpose of ensuring services pursuant to such a contract.
    7. "Facility" shall mean any place in which an operator undertakes  to
  provide  a  resident  with  the services of a continuing care retirement
  community, pursuant to a contract, whether such  place  is  constructed,
  owned, leased, rented, or otherwise contracted for by the operator.
    8. "Life care contract" shall mean a single continuing care retirement
  contract  to  provide  a person, for the duration of such person's life,
  the services provided by the continuing care retirement community, which
  services shall include unlimited services of an  on-site  or  affiliated
  nursing  facility.  Such  term  also shall mean a single continuing care
  retirement contract to provide  a  person,  for  the  duration  of  such
  person's  life,  the services provided by the continuing care retirement
  community under an arrangement in which  the  costs  of  the  residents'
  unlimited  nursing  home  or  home  health care services are paid for in
  whole or in part by a long term care insurance policy  approved  by  the
  superintendent in accordance with applicable regulations or by long term
  care  insurance  or  medical  assistance payments in accordance with the
  partnership for long term care program pursuant  to  the  provisions  of
  section  three hundred sixty-seven-f of the social services law, section
  three thousand two hundred twenty-nine of the insurance law and  section
  four thousand six hundred twenty-three of this chapter.
    8-a.  "Fee-for-service  continuing  care contract" shall mean a single
  continuing care retirement contract that provides  long-term  and  other
  services on a per diem, fee-for-service or monthly rate.
    9.  "Life  care shall mean those services provided pursuant to a "life
  care contract".
    10. "Living unit" shall mean an apartment,  room,  cottage,  or  other
  area  within  a community set aside for the exclusive use of one or more
  residents.
    10-a. "Meal  plan"  shall  mean  an  arrangement  whereby  the  person
  entering  into  the continuing care retirement contract is provided with
  no fewer than five meals per month. Additional meals shall be  available
  on a fee-for-service basis.
    11.  "Monthly  care fee" shall mean the monthly cost to a resident for
  prepayment of any services,  including  rent,  rendered  pursuant  to  a
  contract, exclusive of entrance fees or other prepayments, and any other
  regular periodic charges to the resident, determined on a monthly basis,
  pursuant to the provisions of a contract.
    12.  "Operator"  shall mean a legal entity operating a continuing care
  retirement community pursuant to a certificate of authority.
    13. "Priority reservation agreement" shall mean a cancelable agreement
  between a prospective continuing care retirement community applicant, an
  applicant  for  a  certificate  of  authority  or  an  operator  and   a
  prospective  resident, for the purpose of evaluating market demand for a
  proposed continuing care retirement community and  for  the  purpose  of
  guaranteeing  to  prospective  residents  an  opportunity  for  priority
  placement in a continuing care retirement  community,  under  which  the
  prospective  resident  will pay a refundable priority reservation fee. A
  priority reservation agreement does  not  fall  within  the  meaning  of
  contracts or agreements as defined in subdivision three of this section.
    14.  "Priority reservation fee" shall mean the refundable sum of money
  paid by a prospective resident for deposit with the escrow agent  for  a

  prospective continuing care retirement community applicant, an applicant
  for  a  certificate  of  authority or an operator pursuant to a priority
  reservation agreement.
    15.  "Resident"  shall mean any person who, pursuant to a contract, is
  entitled to reside in  and  receive  services  from  a  continuing  care
  retirement community.
    16.  "Residential  health  care  demonstration  facility" shall mean a
  residential health care facility containing up to sixty beds, within the
  defined geographical boundary of each health systems agency  established
  under  the  provisions of subdivision (c) of section twenty-nine hundred
  four of  this  chapter,  provided  that  such  residential  health  care
  facility  is an integrated part of a comprehensive system of residential
  and support services for  the  elderly,  providing  either  directly  or
  through  one or more affiliated entities, prior to the effective date of
  this subdivision, on or adjacent to the site of the proposed residential
  health care facility, independent living units, an adult  care  facility
  as  defined  in  section  two  of the social services law and a range of
  health care and social services, which may  include  home  health  care,
  counselling, case management and information and referral.
    16-a.  "Social  services" shall mean those services which may include,
  but not be limited to counseling, case management, and  information  and
  referral.
    17.  "Superintendent"  shall  mean  the  superintendent  of  financial
  services.