§ 23-17.14-4 - Definitions.
SECTION 23-17.14-4
§ 23-17.14-4 Definitions. – For purposes of this chapter:
(1) "Acquiree" means the person or persons that lose(s) anyownership or control in the new hospital, as the terms "new hospital" and"person(s)" are defined within this chapter;
(2) "Acquiror" means the person or persons which gain(s) anownership or control in the new hospital, as the terms "new hospital" and"person(s)" are defined within this chapter;
(3) "Affected community" means any city or town within thestate wherein an existing hospital is physically located and/or those citiesand towns whose inhabitants are regularly served by the existing hospital;
(4) "Charity care" is defined as health care servicesprovided by a hospital without charge to a patient and for which the hospitaldoes not and has not expected payment;
(5) "Community benefit" means the provision of hospitalservices that meet the ongoing needs of the community for primary and emergencycare in a manner that enables families and members of the community to maintainrelationships with person who are hospitalized or are receiving hospitalservices, and shall also include, but not be limited to charity care anduncompensated care;
(6) "Conversion" means any transfer by a person or persons ofan ownership or membership interest or authority in a hospital, or the assetsof a hospital, whether by purchase, merger, consolidation, lease, gift, jointventure, sale, or other disposition which results in a change of ownership orcontrol or possession of twenty percent (20%) or greater of the members orvoting rights or interests of the hospital or of the assets of the hospital orpursuant to which, by virtue of the transfer, a person, together with allpersons affiliated with the person, holds or owns, in the aggregate, twentypercent (20%) or greater of the membership or voting rights or interests of thehospital or of the assets of the hospital, or the removal, addition orsubstitution of a partner which results in a new partner gaining or acquiring acontrolling interest in the hospital, or any change in membership which resultsin a new person gaining or acquiring a controlling vote in the hospital;
(7) "Department" means the department of health;
(8) "Director" means the director of the department of health;
(9) "Existing hospital" means the hospital as it exists priorto the acquisition;
(10) "For-profit corporation" means a legal entity formed forthe purpose of transacting business which has as any one of its purposespecuniary profit;
(11) "Hospital" means a person or governmental entitylicensed in accordance with chapter 17 of this title to establish, maintain andoperate a hospital;
(12) "New hospital" means the hospital as it exists after thecompletion of a conversion;
(13) "Not-for-profit corporation means a legal entity formedfor some charitable or benevolent purpose and not-for-profit which has beenexempted from taxation pursuant to Internal Revenue Code § 501(c)(3), 26U.S.C. § 501(c)(3);
(14) "Person" means any individual, trust or estate,partnership, corporation (including associations, joint stock companies andinsurance companies), state or political subdivision or instrumentality of thestate;
(15) "Transacting parties" means any person or persons whoseeks either to transfer or acquire ownership or a controlling interest orcontrolling authority in a hospital which would result in a change ofownership, control or authority of twenty percent (20%) or greater;
(16) "Uncompensated care" means a combination of free care,which the hospital provides at no cost to the patient, bad debt, which thehospital bills for but does not collect, and less than full Medicaidreimbursement amounts.