§323D-2 - Definitions.
§323D-2 Definitions. As used in thischapter:
"Applicant" means any person whoapplies for a certificate of need under part V.
"Assisted living facility" means acombination of housing, health care services, and personalized support servicesdesigned to respond to individual needs, and to promote choice, responsibility,independence, privacy, dignity, and individuality. In this context,"health care services" means the provision of services in an assistedliving facility that assists the resident in achieving and maintaining thehighest state of positive well-being (i.e., psychological, social, physical,and spiritual) and functional status. This may include nursing assessment andmonitoring, and the delegation of nursing tasks by registered nurses pursuantto chapter 457, care management, monitoring, records management, arranging for,and/or coordinating health and social services.
"Capital expenditure" means anypurchase or transfer of money or anything of value or enforceable promise oragreement to purchase or transfer money or anything of value incurred by or inbehalf of any person for construction, expansion, alteration, conversion,development, initiation, or modification as defined in this section. The termincludes the:
(1) Cost of studies, surveys, designs, plans, workingdrawings, specifications, and other preliminaries necessary for construction,expansion, alteration, conversion, development, initiation, or modification;
(2) Fair market values of facilities and equipmentobtained by donation or lease or comparable arrangements as though the itemshad been acquired by purchase; and
(3) Fair market values of facilities and equipmenttransferred for less than fair market value, if a transfer of the facilities orequipment at fair market value would be subject to review under section323D-43.
"Certificate of need" means anauthorization, when required pursuant to section 323D-43, to construct, expand,alter, or convert a health care facility or to initiate, expand, develop, ormodify a health care service.
"Construct", "expand","alter", "convert", "develop","initiate", or "modify" includes the erection, building,reconstruction, modernization, improvement, purchase, acquisition, or establishmentof a health care facility or health care service; the purchase or acquisitionof equipment attendant to the delivery of health care service and theinstruction or supervision therefor; the arrangement or commitment forfinancing the offering or development of a health care facility or health careservice; any obligation for a capital expenditure by a health care facility;and studies, surveys, designs, plans, working drawings, specifications,procedures, and other actions necessary for any such undertaking, which will:
(1) Result in a total capital expenditure in excessof the expenditure minimum,
(2) Substantially modify, decrease, or increase thescope or type of health service rendered, or
(3) Increase, decrease, or change the class of usageof the bed complement of a health care facility.
"Expenditure minimum" means$4,000,000 for capital expenditures, $1,000,000 for new or replacement medicalequipment and $400,000 for used medical equipment.
"Extended care adult residential carehome" means an adult residential care home providing twenty-four-hourliving accommodation for a fee, for adults unrelated to the licensee. Theprimary caregiver shall be qualified to provide care to nursing facility levelindividuals who have been admitted to a medicaid waiver program, or persons whopay for care from private funds and have been certified for this type offacility. There shall be two categories of extended care adult residentialcare homes, which shall be licensed in accordance with rules adopted by thedepartment of health:
(1) Type I home shall consist of five or lessunrelated persons with no more than two extended care adult residential carehome residents; and
(2) Type II home shall consist of six or moreunrelated persons and one or more persons may be extended care adultresidential care home residents.
"Health" includes physical and mentalhealth.
"Health care facility" and"health care service" include any program, institution, place,building, or agency, or portion thereof, private or public, other than federalfacilities or services, whether organized for profit or not, used, operated, ordesigned to provide medical diagnosis, treatment, nursing, rehabilitative, orpreventive care to any person or persons. The terms include, but are notlimited to, health care facilities and health care services commonly referredto as hospitals, extended care and rehabilitation centers, nursing homes,skilled nursing facilities, intermediate care facilities, hospices for theterminally ill that require licensure or certification by the department of health,kidney disease treatment centers including freestanding hemodialysis units,outpatient clinics, organized ambulatory health care facilities, emergency carefacilities and centers, home health agencies, health maintenance organizations,and others providing similarly organized services regardless of nomenclature.
"Health care provider" means a healthcare facility, physician, dentist licensed under chapter 448, chiropractorlicensed under chapter 442, optometrist licensed under chapter 459, podiatristlicensed under chapter 463E, psychologist licensed under chapter 465,occupational therapist subject to chapter 457G, and physical therapist licensedunder chapter 461J.
"Organized ambulatory health carefacility" means a facility not part of a hospital, which is organized andoperated to provide health services to outpatients. The state agency may adoptrules to establish further criteria for differentiating between the privatepractice of medicine and organized ambulatory health care facilities.
"Person" means an individual or anatural person, a trust or estate, a society, a firm, an assembly, apartnership, a corporation, a professional corporation, an association, theState, any political subdivision of the State, a county, a state agency or anyinstrumentality of the State, a county agency or any instrumentality of acounty.
"Physician" means a doctor ofmedicine or osteopathy who is legally authorized to practice medicine andsurgery by the State.
"Primary care clinic" means a clinicfor outpatient services providing all preventive and routine health careservices, management of chronic diseases, consultation with specialists whennecessary, and coordination of care across health care settings or multipleproviders or both. Primary care clinic providers include:
(1) General or family practice physicians;
(2) General internal medicine physicians;
(3) Pediatricians;
(4) Obstetricians and gynecologists;
(5) Physician assistants; and
(6) Advanced practice registered nurses.
"Review panel" means the panelestablished pursuant to section 323D-42.
"State agency" means the state healthplanning and development agency established in section 323D-11.
"State health services and facilitiesplan" means the comprehensive plan for the economical delivery of healthservices in the State prepared by the statewide council.
"Statewide council" means thestatewide health coordinating council established in section 323D-13.
"Subarea" means one of the geographicsubareas designated by the state agency pursuant to section 323D-21.
"Subarea council" means a subareahealth planning council established pursuant to section 323D-21.
"Substantially modify, decrease, orincrease the scope or type of health service" refers to the establishmentof a new health care facility or health care service or the addition of aclinically related (i.e., diagnostic, curative, or rehabilitative) service notpreviously provided or the termination of such a service which had previouslybeen provided. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L 1980,c 75, §1; am L 1981, c 82, §22; am L 1982, c 245, §5; am L 1984, c 267, §2; amL 1986, c 339, §40; am L 1987, c 270, §4; am L 1997, c 302, §2 and c 336, §§1to 3]