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. 12, March 20, 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:
(b) Applicant means the entity which submits an assisted living licensure application with the department pursuant to article 46-B of the Public Health Law and this Part.
(c) Adult home means an adult home as defined by subdivision (25) of section 2 of the Social Services Law.
(d) Enriched housing program means an enriched housing program, as defined in subdivision (28) of section 2 of the Social Services Law.
(e) 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 article 46-B of the Public Health Law and this Part.
(f) 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.
(g) Resident means an adult not related to the provider, who, pursuant to a residency agreement with a provider resides in an assisted living residence, enhanced assisted living residence, or special needs assisted living residence, as applicable.
(h) Resident's representative means a family member or other individual identified in the residency agreement required under section 4658 of the Public Health Law and this Part 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.
(i) 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.
(j) Home care services means the services defined in subdivision (1) of section 3602 of the Public Health Law, as provided by a home care services agency which has been approved to operate pursuant to article 36 of such law.
(k) Individualized service plan or ISP means a written plan developed pursuant to section 4659 of the Public Health Law and this Part.
(l) Monitoring means an ability of the assisted living operator 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.
(m) 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 4658 of the Public Health Law and this Part, 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 24-hour skilled nursing care or medical care provided by facilities licensed pursuant to article 28 of the Public Health Law, or article 19, 31 or 32 of the Mental Hygiene Law.
(n) Enhanced assisted living or enhanced assisted living residence means the care or services provided pursuant to an enhanced assisted living certificate.
(o) 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, including those who:
(p) Enhanced assisted living resident means a resident who is provided care and services pursuant to an enhanced assisted living certificate.
(q) Special needs assisted living or special needs assisted living residence means the care and services provided pursuant to a special needs assisted living certificate.
(r) Special needs assisted living certificate means a certificate issued by the department which authorizes an assisted living residence to serve persons with special needs in accordance with a special needs plan approved by the department, pursuant to the requirements of this Part.
(s) Special needs assisted living resident means a resident who is provided services pursuant to a special needs assisted living certificate.
(t) Commissioner means the State Commissioner of Health.
(u) Department means the New York State Department of Health.