* § 4651. Definitions. As used in this article:

2. "Certificates" or "certificate of authority" shall mean an
authorization in writing, approved by the council and issued by the
commissioner, for an operator to operate a fee-for-service continuing
care retirement community and to enter into fee-for-service continuing
care contracts pertaining to such community.

3. "Community" shall mean a fee-for-service continuing care retirement
community established pursuant to this article.

4. "Control", "controlling", "controlled by", and "under common
control with" shall mean the possession, directly or indirectly, of the
power to direct or cause the direction of the management and policies of
a person, whether through the ownership of voting securities or voting
rights, by contract (except a commercial contract for goods or
non-management services) or otherwise; but no person shall be deemed to
control another person solely by reason of his or her being an officer
or director of such other person. Control shall be presumed to exist if
any person directly or indirectly owns, controls or holds with the power
to vote ten percent or more of the voting securities or voting rights of
any other person or is a corporate member of the legal entity.

5. "Council" shall mean the continuing care retirement community
council, established pursuant to section forty-six hundred two of this
chapter.

6. "Entrance fee" shall mean an initial or deferred transfer to an
operator of a sum of money, made or promised to be made by a person or
persons entering into a fee-for-service continuing care contract, for
the purpose of ensuring services pursuant to such a contract.

7. "Facility" shall mean any place in which an operator undertakes to
provide a resident with the services of a fee-for-service continuing
care retirement community, pursuant to a contract, whether such place is
constructed, owned, leased, rented or otherwise contracted for by the
operator.

8. a. "Fee-for-service continuing care retirement community" shall
mean a facility or facilities established pursuant to this article to
provide a comprehensive, cohesive living arrangement for the elderly,
oriented to the enhancement of the quality of life, pursuant to the
terms of the fee-for-service continuing care contract on a
fee-for-service schedule. Such facility, at a minimum, shall provide
access to on-site geriatric services, including, but not limited to,
nursing facility services, services provided by an adult care facility,
home health services, a meal plan, social services and independent
living units.

b. "On-site" shall mean that, unless the context clearly requires
otherwise, the services specified in paragraph a of this subdivision be
provided at the facility.

9. "Fee-for-service continuing care contract" shall mean a single
continuing care retirement contract that provides long-term care and
other services on a per diem, fee-for-service or other agreed upon rate.

10. "Living unit" shall mean an apartment, room, cottage or other area
within a community set aside for the exclusive use of one or more
residents.

11. "Meal plan" shall mean an arrangement whereby the person entering
into a fee-for-service continuing care contract is provided with no
fewer than five meals per month. Additional meals shall be available on
a fee-for-service basis.

12. "Monthly care fee" shall mean the monthly cost to a resident for
prepayment of any services, including rent, rendered pursuant to a
contract, exclusive of entrance fees or other prepayments, and any other
regular periodic charges to the resident, determined on a monthly basis,
pursuant to the provisions of a contract.

13. "Operator" shall mean a legal entity operating a fee-for-service
continuing care retirement community pursuant to a certificate of
authority, as granted pursuant to section forty-six hundred fifty-six of
this article.

14. "Priority reservation agreement" shall mean a cancelable agreement
between a prospective fee-for-service continuing care retirement
community applicant, an applicant for a certificate of authority or an
operator and a prospective resident, for the purpose of evaluating
market demand for a proposed fee-for-service continuing care retirement
community and for the purpose of guaranteeing to prospective residents
an opportunity for priority placement in a fee-for-service continuing
care retirement community, under which the prospective resident will pay
a refundable priority reservation fee. A priority reservation agreement
shall not be deemed to be a fee-for-service continuing care contract.

15. "Priority reservation fee" shall mean the refundable sum of money
paid by a prospective resident for deposit with the escrow agent for a
prospective fee-for-service continuing care retirement community
applicant, an applicant for a certificate of authority or an operator
pursuant to a priority reservation agreement.

17. "Resident" shall mean any person who, pursuant to a contract, is
entitled to reside in and receive services from a fee-for-service
continuing care retirement community.

18. "Social services" shall mean those services which may include, but
are not limited to counseling, case management, and information and
referral.

* NB There are 2 § 4651's