N.Y. Comp. Codes R. & Regs. tit. 18 § 485.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 485.2 - Definitions

(a)Adult-care facility shall mean a family-type home for adults, a shelter for adults, a residence for adults 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 or operated pursuant to article 28 of the Public Health Law or articles 19, 23, 29 and 31 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.

(b)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 and supervision to five or more adults unrelated to the operator.

(c)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 65 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.

(d)Residence for adults means an adult-care facility established and operated for the purposes of providing long-term residential care, room, board, housekeeping, case management, activities and supervision to five or more adults, unrelated to the operator, who are unable or substantially unable to live independently.

(e)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 20 persons, unless such facility is operated by a social services district.

(f)Family-type home for adults shall mean an adult-care facility established and operated for the purpose of providing long-term residential care, room, board, housekeeping, supervision and/ or personal care to four or fewer adults unrelated to the operator.

(g)Unrelated to the operator of a family-type home shall mean that the relationship between the operator and the resident is not that of spouse, parent or parent-in-law, child or stepchild.

(h)Public home means an adult home, shelter for adults or residence for adults operated by a social services district.

(i)Private proprietary adult-care facility shall mean an adult-care facility which is operated for compensation and profit.

(j) An operator shall include any natural person or entity which provides or purports to provide residential care and services in an adult-care facility.

(k)Operating certificate shall mean a time-limited, nontransferable document issued by the department to signify approval to operate an adult-care facility.

(l)Application shall mean the process of submitting prescribed data and information to the department for an operating certificate for a proposed facility, or for the modification or renewal of the operating certificate of an existing facility.

(m)Certification shall mean the issuance of an operating certificate by the department, following appropriate review and such site visits as may be necessary, authorizing an operator to operate an adult-care facility.

(n)Determination of public need is the process by which the department, in consultation with appropriate State and local planning agencies, determines whether there is a need for more adult-care facility beds in a prescribed geographic area.

(o)Prescribed geographic area shall mean the county in which the proposed program is located, unless:

(1) the department determines that another geographic area is more appropriate because an applicant proposes to serve a special, ethnic or religious population, or because of population density, adult-care facility distribution or service availability; or

(2) the applicant demonstrates, to the satisfaction of the department, that another geographic area defining the service area is more appropriate.

(p)Department shall mean the New York State Department of Social Services.

(q)Commissioner shall mean the Commissioner of the New York State Department of Social Services.

(r)

(1)Services for nonresidents in adult homes, residences for adults and enriched housing programs means an organized program of services which an operator of an adult home, residence for adults or enriched housing program is authorized to provide to residents of such facilities but which are provided to nonresidents who are aged or disabled for the purpose of enabling such persons to remain in or return to the community. Such services may include an organized day program, temporary residential care, or other services the facility is authorized to provide.

(2)Eligible nonresident participant means a person 18 years of age or older who is not a resident of an adult home, residence for adults or enriched housing program and who, by reason of social, physical, and/or mental dependencies, requires nonresident services provided by such facilities or programs in order to remain in or return to the community.

(3)Day program means an organized program for nonresidents of adult homes, residences for adults or enriched housing programs which includes personal care, supervision and such other services which the operator is authorized to provide to residents of such facilities but which are provided for less than 24 hours during any period of the day or night.

(4)Temporary residential care means the provision of care to frail or disabled adults on behalf of or in the absence of the person's caregiver for up to six weeks in any 12-month period, in an adult home, residence for adults or enriched housing program. Care includes those services that the adult home, residence for adults or enriched housing program is authorized to provide to residents of such facilities.

(s)Assisted living program means an entity which is approved to operate pursuant to section 485.6(n) of this Part, and which is established and operated for the purpose of providing long-term residential care, room, board, housekeeping, personal care, supervision, and providing or arranging for home health services to five or more eligible adults unrelated to the operator.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 485.2

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020