2012 New York Consolidated Laws
PBH - Public Health
Article 46-A - (4650 - 4676) FEE-FOR-SERVICE CONTINUING CARE RETIREMENT COMMUNITIES DEMONSTRATION PROGRAM
4651 - Definitions.

 
    * § 4651. Definitions. As used in this article:
    2.   "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 fee-for-service continuing
  care retirement community and to enter into  fee-for-service  continuing
  care contracts pertaining to such community.
    3. "Community" shall mean a fee-for-service continuing care retirement
  community established pursuant to 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 or her 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
  chapter.
    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 fee-for-service continuing  care  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  fee-for-service  continuing
  care retirement community, pursuant to a contract, whether such place is
  constructed,  owned,  leased,  rented or otherwise contracted for by the
  operator.
    8. a. "Fee-for-service continuing  care  retirement  community"  shall
  mean  a  facility  or facilities established pursuant to this article to
  provide a comprehensive, cohesive living arrangement  for  the  elderly,
  oriented  to  the  enhancement  of  the quality of life, pursuant to the
  terms  of  the   fee-for-service   continuing   care   contract   on   a
  fee-for-service  schedule.    Such facility, at a minimum, shall provide
  access to on-site geriatric services, including,  but  not  limited  to,
  nursing  facility services, services provided by an adult care facility,
  home health services, a  meal  plan,  social  services  and  independent
  living units.
    b.  "On-site"  shall  mean  that,  unless the context clearly requires
  otherwise, the services specified in paragraph a of this subdivision  be
  provided at the facility.
    9.  "Fee-for-service  continuing  care  contract"  shall mean a single
  continuing care retirement contract that  provides  long-term  care  and
  other services on a per diem, fee-for-service or other agreed upon rate.
    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.
    11. "Meal plan" shall mean an arrangement whereby the person  entering
  into  a  fee-for-service  continuing  care  contract is provided with no
  fewer than five meals per month. Additional meals shall be available  on
  a fee-for-service basis.
    12.  "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.
    13.  "Operator"  shall mean a legal entity operating a fee-for-service
  continuing care  retirement  community  pursuant  to  a  certificate  of
  authority, as granted pursuant to section forty-six hundred fifty-six of
  this article.
    14. "Priority reservation agreement" shall mean a cancelable agreement
  between   a   prospective  fee-for-service  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 fee-for-service continuing care  retirement
  community  and  for the purpose of guaranteeing to prospective residents
  an opportunity for priority placement in  a  fee-for-service  continuing
  care retirement community, under which the prospective resident will pay
  a  refundable priority reservation fee. A priority reservation agreement
  shall not be deemed to be a fee-for-service continuing care contract.
    15. "Priority reservation fee" shall mean the refundable sum of  money
  paid  by  a prospective resident for deposit with the escrow agent for a
  prospective  fee-for-service  continuing   care   retirement   community
  applicant,  an  applicant  for a certificate of authority or an operator
  pursuant to a priority reservation agreement.
    17. "Resident" shall mean any person who, pursuant to a  contract,  is
  entitled  to  reside  in  and  receive  services  from a fee-for-service
  continuing care retirement community.
    18. "Social services" shall mean those services which may include, but
  are not limited to counseling,  case  management,  and  information  and
  referral.
    * NB There are 2 § 4651's