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This entry was published on 2022-07-29
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SECTION 2
Definitions
Social Services (SOS) CHAPTER 55, ARTICLE 1
§ 2. Definitions. When used in this chapter unless otherwise expressly
stated or unless the context or subject matter requires a different
interpretation.

1. Department means the state department of social services, provided
however that for purposes of titles eleven, eleven-A and eleven-B of
article five of this chapter, department means the state department of
health, except that in subdivisions two and three of section three
hundred sixty-four-i, clause (d) of subparagraph three of paragraph (b)
of subdivision two of section three hundred sixty-six, paragraph (b) of
subdivision four of section three hundred sixty-six, subdivisions one
through five of section three hundred sixty-six-a, subdivision seven of
section three hundred sixty-six-a, and section three hundred
sixty-eight-c of this chapter and where the context thereof clearly
requires otherwise, department means the state department of social
services.

2. Board means the state board of social welfare as continued by the
executive law.

6. Commissioner means the state commissioner of social services,
provided however that for purposes of titles eleven, eleven-A and
eleven-B of article five of this chapter, commissioner means the state
commissioner of health, except that in clause (c) of subparagraph three
of paragraph (b) of subdivision two of section three hundred sixty-six
of this chapter and where the context thereof clearly requires
otherwise, commissioner means the state commissioner of social services.

7. Social services district means a city or county social services
district as constituted by section sixty-one.

8. County commissioner of social services shall mean the county
officer, board or commission, by whatever title known, having authority
to give the public assistance and care for the administration of which a
county social services district is responsible.

9. City commissioner of social services shall mean the city officer,
board or commission, by whatever title known, having authority to give
the public assistance and care for the administration of which a city
social services district is responsible.

10. Commissioner of social services shall mean a city or county
commissioner of social services.

14. Social services official shall mean a county commissioner of
social services, a city commissioner of social services, a town social
services officer or city social services officer to whom the power or
duty referred to is assigned under the provisions of this chapter. In
any law where reference is made by any title to an official charged with
the duty of caring for the poor in a town, city or county, it shall be
understood as referring to the one of the above mentioned social
services officials on whom the power or duty referred to is conferred
under the provisions of this chapter.

15. Public home means an adult care facility or a residential health
care facility operated by a social services district. In any law where
reference is made by any name to an almshouse maintained at public
expense, it shall be construed as referring to a public home.

16. Legislative body means the board or boards empowered to make
appropriations for public assistance and care in a county, town or city.

17. Social services department means the division or officer of city
government or the office or official or board charged with the authority
to administer public assistance or care in the county social services
district.

18. Public assistance and care includes family assistance, safety net
assistance, veteran assistance, medical assistance for needy persons,
institutional care for adults and child care granted at public expense
pursuant to this chapter.

19. Public assistance refers to family assistance, safety net
assistance and veteran assistance.

* 21. Adult care facility shall mean a family type home for adults, a
shelter for adults, a residence for adults, an enriched housing program
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 pursuant to article
twenty-eight of the public health law or articles nineteen,
twenty-three, thirty-one and thirty-two 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. In addition, a residence for adults, enriched
housing program or an adult home may provide services to non-residents
in accordance with the provisions of section four hundred sixty-one-k of
this chapter.

* NB Effective until July 1, 2023

* 21. Adult care facility shall mean a family type home for adults, a
shelter for adults, a residence for adults, an enriched housing program
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 pursuant to article
twenty-eight of the public health law or articles nineteen, twenty-three
and thirty-one 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.

* NB Effective July 1, 2023

22. A family type home for adults shall mean an adult care facility
established and operated for the purpose of providing long-term
residential care and personal care and/or supervision to four or fewer
adult persons unrelated to the operator.

23. A 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 twenty
persons, unless such facility is operated by a social services district.

24. A residence for adults shall mean an adult care facility
established and operated for the purposes of providing long-term
residential care, room, board, housekeeping and supervision to five or
more adults, unrelated to the operator. The provisions of this
subdivision shall not apply to any housing projects established pursuant
to the private housing finance law, the public housing law, the
membership corporations law or the not-for-profit corporation law except
for those distinct programs operated by such projects which provide
supervision and/or personal care and which are approved or certified by
the department.

25. An 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, (either directly or indirectly), and
supervision to five or more adults unrelated to the operator. The
provisions of this subdivision shall not apply to any housing projects
established pursuant to the private housing finance law, the public
housing law, the membership corporations law or the not-for-profit
corporation law except for those distinct programs operated by such
projects which provide supervision and/or personal care and which are
approved or certified by the department.

26. A private proprietary residence for adults shall mean a residence
for adults, as defined by subdivision twenty-four of this section, which
is operated for compensation and profit.

27. A private proprietary adult home shall mean an adult home, as
defined by subdivision twenty-five of this section, which is operated
for compensation and profit.

28. An 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 sixty-five
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.

29. For purposes of title two, and, where applicable, title one of
article seven of this chapter, an operator shall include any natural
person or entity which provides or purports to provide residential care
and services in an adult care facility.

30. An intermediate care facility shall mean a facility or part
thereof approved by the state department of health to provide therein
health-related care and services to persons who because of their
physical or mental condition, or both, require institutional care and
services, in addition to board and lodging, but who do not have such an
illness, disease, injury, or other condition as to require the
institutional care and services provided only by a hospital or nursing
home, providing such facility meets standards of safety and sanitation
in accordance with state and federal requirements in addition to those
applicable to nursing homes under state law.

31. The term "infant" or "minor" shall mean a person who has not
attained the age of eighteen years except with respect to article six of
this chapter.

32. "Residential treatment facility for children and youth" shall have
the meaning defined in section 1.03 of the mental hygiene law.

33. "Residential care center for adults" shall have the meaning
defined in section 1.03 of the mental hygiene law.

35. Indian tribe shall mean those tribes designated as Indian tribes
by the bureau of Indian affairs of the federal department of the
interior or by the state of New York.

36. Indian child shall mean any unmarried person who:

(a) is under the age of eighteen; or

(b) is under the age of twenty-one, entered foster care prior to
his/her eighteenth birthday and remains in care, and who:

(i) is a member of an Indian tribe, or

(ii) is eligible for membership in an Indian tribe, or

(iii) is the biological child of a member of an Indian tribe and is
residing on or is domiciled within an Indian reservation.

* 37. "Comprehensive psychiatric emergency program" shall have the
meaning defined in section 1.03 of the mental hygiene law.

* NB Repealed July 1, 2024

38. When used in this chapter, the following terms shall have the
following meanings, unless otherwise expressly stated or unless the
context or subject matter requires a different interpretation:

(a) "Medicaid" or "medical assistance" means title eleven of article
five of this chapter and the program thereunder.

(b) "Family health plus" means title eleven-D of article five of this
chapter and the program thereunder.

(c) "Child health plus" means title one-A of article twenty-five of
the public health law and the program thereunder.

(d) "Medicaid managed care" means Medicaid provided under section
three hundred sixty-four-j of this chapter.

(e) "Medicaid fee-for-service" means Medicaid provided other than
under Medicaid managed care.

(f) "Verification organization" means an entity, operating in a manner
consistent with applicable federal and state confidentiality and privacy
laws and regulations, which uses electronic means including but not
limited to contemporaneous telephone verification or contemporaneous
verified electronic data to verify whether a service or item was
provided to an eligible medicaid recipient. For each service or item the
verification organization shall capture:

(i) the identity of the individual providing services or items to the
medicaid recipient;

(ii) the identity of the Medicaid recipient; and

(iii) the date, time, duration, location and type of service or item.

A list of verification organizations shall be jointly developed by the
department of health and the office of the medicaid inspector general.

(g) "Exception report" means an electronic report containing all the
data fields in paragraph (f) of this subdivision for conflicts between
services or items on the basis of the identity of the person providing
the service or item to the medicaid recipient, the identity of the
medicaid recipient, and/or time, date, duration or location of service;

(h) "Conflict report" means an electronic report containing all of the
data fields in paragraph (f) of this subdivision detailing incongruities
in services or items between scheduling and/or location of service when
compared to a duty roster.

(i) "Participating provider" means a certified home health agency,
long term home health agency or personal care provider with total
medicaid reimbursements, including reimbursements through the managed
care program established pursuant to section three hundred sixty-four-j
of this chapter, exceeding fifteen million dollars per calendar year.

39. "Mental illness" shall have the same meaning as defined in section
1.03 of the mental hygiene law.

40. "Developmental disability" shall have the same meaning as defined
in section 1.03 of the mental hygiene law.