* § 4651. Definitions. As used in this article:\n 1. "Assisted living" and "assisted living residence" means an entity\nwhich provides or arranges for housing, on-site monitoring, and personal\ncare services and/or home care services (either directly or indirectly),\nin a home-like setting to five or more adult residents unrelated to the\nassisted living provider. An applicant for licensure as assisted living\nthat has been approved in accordance with the provisions of this article\nmust also provide daily food service, twenty-four hour on-site\nmonitoring, case management services, and the development of an\nindividualized service plan for each resident. An operator of assisted\nliving shall provide each resident with considerate and respectful care\nand promote the resident's dignity, autonomy, independence and privacy\nin the least restrictive and most home-like setting commensurate with\nthe resident's preferences and physical and mental status.\n Assisted living and enhanced assisted living shall not include:\n (a) residential health care facilities or general hospitals licensed\nunder article twenty-eight of this chapter;\n (b) continuing care retirement communities which possess a certificate\nof authority pursuant to article forty-six of this chapter, unless the\ncontinuing care retirement community is operating an assisted living\nresidence as defined under this section;\n (c) residential services for persons that are provided under a license\npursuant to article sixteen, nineteen, thirty-one or thirty-two of the\nmental hygiene law or other residential services primarily funded by or\nprimarily under the jurisdiction of the office for mental health;\n (d) naturally occurring retirement communities, as defined in section\nfive hundred thirty-six-g of the executive law;\n (e) assisted living programs approved by the department pursuant to\nsection four hundred sixty-one-l of the social services law;\n (f) public or publicly assisted multi-family housing projects\nadministered or regulated by the U.S. department of housing and urban\ndevelopment or the division of housing and community renewal or funded\nthrough the homeless housing assistance program that were designed for\nthe elderly or persons with disabilities, or homeless persons, provided\nsuch entities do not provide or arrange for home care, twenty-four hour\nsupervision or both, beyond providing periodic coordination or\narrangement of such services for residents at no charge to residents.\nExcept, however, such entities that are in receipt of grants for\nconversion of elderly housing to assisted living facilities pursuant to\nsection 1701-q-2 of the United States Code shall license as an assisted\nliving pursuant to this article;\n (g) an operating demonstration as such term is defined in paragraph\n(d) of subdivision one of section four thousand four hundred three-f of\nthis chapter;\n (h) hospice and hospice residences as defined pursuant to section four\nthousand two of this chapter;\n (i) an adult care facility as defined in subdivision twenty-one of\nsection two of the social services law that is not utilizing the term\nassisted living (or any derivation thereof) or is not required to obtain\nan enhanced assisted living certificate; and\n (j) independent senior housing, shelters or residences for adults. For\npurposes of this article and for purposes of determining certification\npursuant to article seven of the social services law, the department\nshall by regulation, define independent senior housing, provided such\ndefinition shall be based on whether the operator does not provide,\narrange for, or coordinate personal care services or home care services\non behalf of residents; and the facility does not provide case\nmanagement services in a congregate care setting for residents. Nothing\nin this chapter shall preclude a resident of independent senior housing\nfrom personally and directly obtaining private personal care or home\ncare servi
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