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

"Department" means the department ofhuman services.

"Director" means the director ofhuman services.

"Nursing facility" means a nursingfacility licensed under sections 321-9 and 321-11 and any intermediate carefacility for the mentally retarded persons licensed under sections 321-9 and321-11.

"Nursing facility income" means thetotal compensation received for furnishing nursing facility services, includingall receipts from "ancillary services" (as defined in 42 Code ofFederal 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 federalSocial Security Act (including copayments and deductibles received frombeneficiaries of the medicare program); income from an affiliated entity thatoperates as a prepaid health maintenance organization; settlements from thirdparty payors for services delivered or items supplied prior to the effectivedate of this Act (such as settlements of cost reports or decisions on ratereconsideration requests); income from services provided by separately licensedunits (such as distinct part intermediate care facilities for the mentallyretarded); income from the provision of adult day health and adult day careprograms; income from the provision of home health agency services; income fromthe provision of "nursing homes without walls" programs; income fromthe provision of inpatient hospital services; income from grants, bequests,donations, endowments, or investments; or amounts of taxes imposed by chapter237 or this chapter and passed on, collected, and received from the consumer aspart of nursing facility income.

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