[§346E-1]  Definitions.  As used in this
chapter, unless the context otherwise requires:



"Department" means the department of
human services.



"Director" means the director of
human services.



"Nursing facility" means a nursing
facility licensed under sections 321-9 and 321-11 and any intermediate care
facility for the mentally retarded persons licensed under sections 321-9 and
321-11.



"Nursing facility income" means the
total compensation received for furnishing nursing facility services, including
all receipts from "ancillary services" (as defined in 42 Code of
Federal Regulations 413.53(b)) to the provision of nursing facility services,
and receipts from items supplied in connection with these services. 
"Nursing facility income" shall not include the following: 
compensation received from services covered by Title XVIII of the federal
Social Security Act (including copayments and deductibles received from
beneficiaries of the medicare program); income from an affiliated entity that
operates as a prepaid health maintenance organization; settlements from third
party payors for services delivered or items supplied prior to the effective
date of this Act (such as settlements of cost reports or decisions on rate
reconsideration requests); income from services provided by separately licensed
units (such as distinct part intermediate care facilities for the mentally
retarded); income from the provision of adult day health and adult day care
programs; income from the provision of home health agency services; income from
the provision of "nursing homes without walls" programs; income from
the provision of inpatient hospital services; income from grants, bequests,
donations, endowments, or investments; or amounts of taxes imposed by chapter
237 or this chapter and passed on, collected, and received from the consumer as
part of nursing facility income.



"Operator" means any person operating
a nursing facility, whether as owner or proprietor, or as lessee, sublessee,
mortgagee in possession, licensee, or otherwise, or engaging or continuing in
any service business that involves the actual furnishing of nursing facility
services. [L 1993, c 315, pt of §1; am L 1994, c 230, pt of §1]