(a) Assisted living program means an entity which is approved to operate pursuant to section 485.6(n) of this Title, and which is established and operated for the purpose of providing long-term residential care, room, board, housekeeping, personal care, supervision, and providing or arranging for home health services to five or more eligible adults unrelated to the operator.

(b) Capitated rate of payment means the rate established annually by the Commissioner of the Department of Health for services provided or arranged by the assisted living program in accordance with section 3614(6) of the Public Health Law.