2012 New York Consolidated Laws
SOS - Social Services
Article 1 - (1 - 2) SHORT TITLE; DEFINITIONS
2 - Definitions.

 
    § 2. Definitions. When used in this chapter unless otherwise expressly
  stated  or  unless  the  context  or subject matter requires a different
  interpretation.
    1. Department means the state department of social services,  provided
  however  that  for  purposes  of titles eleven, eleven-A and eleven-B of
  article five of this chapter, department means the state  department  of
  health,  except  that  in  subdivisions  two  and three of section three
  hundred sixty-four-i, clause (d) of subparagraph three of paragraph  (b)
  of  subdivision two of section three hundred sixty-six, paragraph (b) of
  subdivision four of section three hundred  sixty-six,  subdivisions  one
  through  five of section three hundred sixty-six-a, subdivision seven of
  section  three  hundred   sixty-six-a,   and   section   three   hundred
  sixty-eight-c  of  this  chapter  and  where the context thereof clearly
  requires otherwise, department means  the  state  department  of  social
  services.
    2.  Board  means the state board of social welfare as continued by the
  executive law.
    6. Commissioner means  the  state  commissioner  of  social  services,
  provided  however  that  for  purposes  of  titles  eleven, eleven-A and
  eleven-B of article five of this chapter, commissioner means  the  state
  commissioner  of health, except that in clause (c) of subparagraph three
  of paragraph (b) of subdivision two of section three  hundred  sixty-six
  of   this  chapter  and  where  the  context  thereof  clearly  requires
  otherwise, commissioner means the state commissioner of social services.
    7. Social services district means a city  or  county  social  services
  district as constituted by section sixty-one.
    8.  County  commissioner  of  social  services  shall  mean the county
  officer, board or commission, by whatever title known, having  authority
  to give the public assistance and care for the administration of which a
  county social services district is responsible.
    9.  City  commissioner of social services shall mean the city officer,
  board or commission, by whatever title known, having authority  to  give
  the  public  assistance  and care for the administration of which a city
  social services district is responsible.
    10. Commissioner of social  services  shall  mean  a  city  or  county
  commissioner of social services.
    14.  Social  services  official  shall  mean  a county commissioner of
  social services, a city commissioner of social services, a  town  social
  services  officer  or  city social services officer to whom the power or
  duty referred to is assigned under the provisions of  this  chapter.  In
  any law where reference is made by any title to an official charged with
  the  duty  of caring for the poor in a town, city or county, it shall be
  understood as referring  to  the  one  of  the  above  mentioned  social
  services  officials  on  whom the power or duty referred to is conferred
  under the provisions of this chapter.
    15. Public home means an adult care facility or a  residential  health
  care  facility  operated by a social services district. In any law where
  reference is made by any name  to  an  almshouse  maintained  at  public
  expense, it shall be construed as referring to a public home.
    16.  Legislative  body  means  the  board  or boards empowered to make
  appropriations for public assistance and care in a county, town or city.
    17. Social services department means the division or officer  of  city
  government or the office or official or board charged with the authority
  to  administer  public  assistance or care in the county social services
  district.
    18. Public assistance and care includes family assistance, safety  net
  assistance,  veteran  assistance,  medical assistance for needy persons,

  institutional care for adults and child care granted at  public  expense
  pursuant to this chapter.
    19.   Public  assistance  refers  to  family  assistance,  safety  net
  assistance and veteran assistance.
    * 21. Adult care facility shall mean a family type home for adults,  a
  shelter  for adults, a residence for adults, an enriched housing program
  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 pursuant to article
  twenty-eight  of  the  public   health   law   or   articles   nineteen,
  twenty-three,  thirty-one  and thirty-two 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.  In  addition, a residence for adults, enriched
  housing program or an adult home may provide services  to  non-residents
  in accordance with the provisions of section four hundred sixty-one-k of
  this chapter.
    * NB Effective until July 1, 2014
    * 21.  Adult care facility shall mean a family type home for adults, a
  shelter for adults, a residence for adults, an enriched housing  program
  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  pursuant  to  article
  twenty-eight of the public health law or articles nineteen, twenty-three
  and  thirty-one  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.
    * NB Effective July 1, 2014
    22.  A  family  type home for adults shall mean an adult care facility
  established  and  operated  for  the  purpose  of  providing   long-term
  residential  care  and personal care and/or supervision to four or fewer
  adult persons unrelated to the operator.
    23. A 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  twenty
  persons, unless such facility is operated by a social services district.
    24.  A  residence  for  adults  shall  mean  an  adult  care  facility
  established  and  operated  for  the  purposes  of  providing  long-term
  residential  care,  room, board, housekeeping and supervision to five or
  more  adults,  unrelated  to  the  operator.  The  provisions  of   this
  subdivision shall not apply to any housing projects established pursuant
  to  the  private  housing  finance  law,  the  public  housing  law, the
  membership corporations law or the not-for-profit corporation law except
  for those distinct programs operated  by  such  projects  which  provide
  supervision  and/or personal care and which are approved or certified by
  the department.
    25. An 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, (either directly or indirectly), and
  supervision to five or  more  adults  unrelated  to  the  operator.  The
  provisions  of  this subdivision shall not apply to any housing projects
  established pursuant to the private  housing  finance  law,  the  public
  housing  law,  the  membership  corporations  law  or the not-for-profit
  corporation law except for those  distinct  programs  operated  by  such

  projects  which  provide  supervision and/or personal care and which are
  approved or certified by the department.
    26.  A private proprietary residence for adults shall mean a residence
  for adults, as defined by subdivision twenty-four of this section, which
  is operated for compensation and profit.
    27. A private proprietary adult home shall  mean  an  adult  home,  as
  defined  by  subdivision  twenty-five of this section, which is operated
  for compensation and profit.
    28. An 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  sixty-five
  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.
    29. For purposes of title two, and, where  applicable,  title  one  of
  article  seven  of  this  chapter, an operator shall include any natural
  person or entity which provides or purports to provide residential  care
  and services in an adult care facility.
    30.  An  intermediate  care  facility  shall  mean  a facility or part
  thereof approved by the state department of health  to  provide  therein
  health-related  care  and  services  to  persons  who  because  of their
  physical or mental condition, or both, require  institutional  care  and
  services,  in addition to board and lodging, but who do not have such an
  illness,  disease,  injury,  or  other  condition  as  to  require   the
  institutional  care  and services provided only by a hospital or nursing
  home, providing such facility meets standards of safety  and  sanitation
  in  accordance  with state and federal requirements in addition to those
  applicable to nursing homes under state law.
    31. The term "infant" or "minor" shall  mean  a  person  who  has  not
  attained the age of eighteen years except with respect to article six of
  this chapter.
    32. "Residential treatment facility for children and youth" shall have
  the meaning defined in section 1.03 of the mental hygiene law.
    33.  "Residential  care  center  for  adults"  shall  have the meaning
  defined in section 1.03 of the mental hygiene law.
    35. Indian tribe shall mean those tribes designated as  Indian  tribes
  by  the  bureau  of  Indian  affairs  of  the  federal department of the
  interior or by the state of New York.
    36. Indian child shall mean any unmarried person who:
    (a) is under the age of eighteen; or
    (b) is under the age of  twenty-one,  entered  foster  care  prior  to
  his/her eighteenth birthday and remains in care, and who:
    (i) is a member of an Indian tribe, or
    (ii) is eligible for membership in an Indian tribe, or
    (iii)  is  the  biological child of a member of an Indian tribe and is
  residing on or is domiciled within an Indian reservation.
    * 37. "Comprehensive psychiatric emergency  program"  shall  have  the
  meaning defined in section 1.03 of the mental hygiene law.
    * NB Repealed July 1, 2016
    38.  When  used  in  this  chapter, the following terms shall have the
  following meanings, unless otherwise  expressly  stated  or  unless  the
  context or subject matter requires a different interpretation:
    (a)  "Medicaid"  or "medical assistance" means title eleven of article
  five of this chapter and the program thereunder.
    (b) "Family health plus" means title eleven-D of article five of  this
  chapter and the program thereunder.

    (c)  "Child  health  plus" means title one-A of article twenty-five of
  the public health law and the program thereunder.
    (d)  "Medicaid  managed  care"  means  Medicaid provided under section
  three hundred sixty-four-j of this chapter.
    (e) "Medicaid fee-for-service"  means  Medicaid  provided  other  than
  under Medicaid managed care.
    (f) "Verification organization" means an entity, operating in a manner
  consistent with applicable federal and state confidentiality and privacy
  laws  and  regulations,  which  uses  electronic means including but not
  limited to contemporaneous  telephone  verification  or  contemporaneous
  verified  electronic  data  to  verify  whether  a  service  or item was
  provided to an eligible medicaid recipient. For each service or item the
  verification organization shall capture:
    (i) the identity of the individual providing services or items to  the
  medicaid recipient;
    (ii) the identity of the Medicaid recipient; and
    (iii) the date, time, duration, location and type of service or item.
    A list of verification organizations shall be jointly developed by the
  department of health and the office of the medicaid inspector general.
    (g)  "Exception  report" means an electronic report containing all the
  data fields in paragraph (f) of this subdivision for  conflicts  between
  services  or  items on the basis of the identity of the person providing
  the service or item to the  medicaid  recipient,  the  identity  of  the
  medicaid recipient, and/or time, date, duration or location of service;
    (h) "Conflict report" means an electronic report containing all of the
  data fields in paragraph (f) of this subdivision detailing incongruities
  in  services or items between scheduling and/or location of service when
  compared to a duty roster.
    (i) "Participating provider" means a  certified  home  health  agency,
  long  term  home  health  agency  or  personal  care provider with total
  medicaid reimbursements exceeding fifteen million dollars  per  calendar
  year.