§ 4601. Definitions. As used in this article:\n 1. "Certificates" or "certificate of authority" shall mean an\nauthorization in writing, approved by the council and issued by the\ncommissioner, for an operator to operate a continuing care retirement\ncommunity and to enter into continuing care retirement contracts and\ncontinuing care at home contracts pertaining to such community.\n 2. "Commissioner" shall mean the commissioner of health.\n 2-a. "Continuing care retirement contract" or "continuing care at home\ncontract" shall mean a single contract to provide a person the services\nprovided by a continuing care retirement community.\n 2-b. "Continuing care retirement community" or "community" shall mean\na facility or facilities established to provide a comprehensive,\ncohesive living arrangement for the elderly, oriented to the enhancement\nof the quality of life and which, pursuant to a contract, at a minimum:\n a. for continuing care retirement contracts, provides independent\nliving units, and meal plan options. The independent living unit can be\nmade available either through a non-equity arrangement or through an\nequity arrangement including, but not limited to a cooperative or\ncondominium. For purposes of this article, the purchase price of an\nindependent living unit in an equity arrangement, regardless of the form\nof the purchase agreement, shall not be considered an entry fee for\npurposes of calculating reserve liabilities, but shall be considered an\nentry fee for escrow purposes;\n b. provides a range of health care and social services, subject to\nsuch terms as may be included within the contract, which shall include\nadult care facility services of an on-site or affiliated adult care\nfacility, and at a minimum, sixty days of prepaid services of an on-site\nor affiliated nursing facility for residents not receiving services\nunder a fee-for-service contract;\n c. provides access to health services as defined in the contract,\nprescription drugs, and rehabilitation services;\n d. nothing in this article shall eliminate the obligation of a\ncontinuing care retirement community to provide at least sixty days of\nprepaid nursing facility services to all residents, with the exception\nof residents receiving services under the terms of a fee-for-service\ncontinuing care contract as defined in this section. The prepaid days\nmust include the first sixty days of nursing facility services, whether\nor not consecutive, not covered by Title XVIII of the federal social\nsecurity act;\n e. communities established under this article and offering\nfee-for-service continuing care contracts must offer, along with such\nfee-for-service continuing care contracts, life care and/or continuing\ncare contracts as defined in subdivision eight-a of this section; and\n f. communities established under this article offering continuing care\nat home contracts must also offer continuing care retirement contracts\nand must maintain a continuing care retirement community that operates\nin support of the continuing care at home contracts.\n 3. "Contracts" or "agreements" shall mean continuing care at home or\ncontinuing care retirement contracts as defined in this article.\n 4. "Control", "controlling", "controlled by", and "under common\ncontrol with" shall mean the possession, directly, or indirectly, of the\npower to direct or cause the direction of the management and policies of\na person, whether through the ownership of voting securities or voting\nrights, by contract (except a commercial contract for goods or\nnon-management services) or otherwise; but no person shall be deemed to\ncontrol another person solely by reason of his being an officer or\ndirector of such other person. Control shall be presumed to exist if any\nperson directly or indirectly owns, controls, or holds with the power to\nvote ten percent or more of the voting securities or voting rights of\nany other person or is a corporate member of the legal e
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