§ 461-l. Assisted living program. 1. Definitions. As used in this\nsection, the following words shall have the following meanings:\n (a) "Assisted living program" means an entity or entities with\nidentical ownership, which are approved to operate pursuant to\nsubdivision three of this section and possesses a valid operating\ncertificate as an adult care facility, other than a shelter for adults,\na residence for adults or a family type home for adults, issued pursuant\nto this article and which possesses either: (i) a valid license as a\nhome care services agency issued pursuant to section thirty-six hundred\nfive of the public health law; or (ii) a valid certificate of approval\nas a certified home health agency issued pursuant to section thirty-six\nhundred six of the public health law; or (iii) valid authorization as a\nlong term home health care program issued pursuant to section thirty-six\nhundred ten of the public health law.\n (b) "Capitated rate of payment" means the rate established pursuant to\nsubdivision six of section thirty-six hundred fourteen of the public\nhealth law.\n (c) "Eligible applicant" means:\n (i) A single entity that is:\n (A) only a natural person or partnership composed only of natural\npersons, a not-for-profit corporation, a public corporation, a business\ncorporation other than a corporation whose shares are traded on a\nnational securities exchange or are regularly quoted on a national\nover-the-counter market or a subsidiary of such a corporation or a\ncorporation any of the stock of which is owned by another corporation, a\nlimited liability company provided that if a limited liability company\nhas a member that is a corporation, a limited liability company or a\npartnership, the shareholders of the member corporation, the members of\nthe member limited liability company, or the partners of the member\npartnership must be natural persons, a social services district or other\ngovernmental agency which possesses or is eligible pursuant to this\narticle to apply for an adult care facility operating certificate; and\n (B) either: (1) an entity which possesses or is eligible pursuant to\narticle thirty-six of the public health law to apply for licensure as a\nhome care services agency; (2) an entity which possesses valid\nauthorization as a long term home health care program; or (3) an entity\nwhich possesses a valid certificate of approval as a certified home\nhealth agency pursuant to article thirty-six of the public health law;\nor\n (ii) One or more entities listed in subparagraph (i) of this paragraph\nwith identical owners that, in combination, meet each of the criteria\nset forth by subparagraph (i) of this paragraph.\n (d) "Eligible person" means a person who:\n (i) requires more care and services to meet his or her daily health or\nfunctional needs than can be directly provided by an adult care facility\nand although medically eligible for placement in a residential health\ncare facility, can be appropriately cared for in an assisted living\nprogram and who would otherwise require placement in a residential\nhealth care facility due to factors which may include but need not be\nlimited to the lack of a home or a home environment in which to live and\nreceive services safely; and\n (ii) is categorized by the long-term care patient classification\nsystem as defined in regulations of the department of health as a person\nwho has a stable medical condition and who is able, with direction, to\ntake action sufficient to assure self-preservation in an emergency. In\nno event shall an eligible person include anyone in need of continual\nnursing or medical care, a person who is chronically bedfast, or anyone\nwho is cognitively, physically or medically impaired to such a degree\nthat his or her safety would be endangered.\n (e) "Services" shall mean all services for which full payment to an\nassisted living program is included in the capitated rate of payment,\nwhich shall include pe
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