§ 23-17-2 - Definitions.
SECTION 23-17-2
§ 23-17-2 Definitions. – As used in this chapter:
(1) "Alzheimer's dementia special care unit or program" meansa distinct living environment within a nursing facility that has beenphysically adapted to accommodate the particular needs and behaviors of thosewith dementia. The unit provides increased staffing, therapeutic activitiesdesigned specifically for those with dementia, and trains its staff on anongoing basis on the effective management of the physical and behavioralproblems of those with dementia. The residents of the unit/program have had astandard medical diagnostic evaluation and have been determined to have adiagnosis of Alzheimer's dementia or another dementia.
(2) "Change in operator" means a transfer by the governingbody or operator of a health care facility to any other person (excludingdelegations of authority to the medical or administrative staff of thefacility) of the governing body's authority to:
(A) Hire or fire the chief executive officer of the healthcare facility;
(B) Maintain and control the books and records of the healthcare facility;
(C) Dispose of assets and incur liabilities on behalf of thehealth care facility; or
(D) Adopt and enforce policies regarding operation of thehealth care facility.
(ii) This definition is not applicable to circumstanceswherein the governing body of a health care facility retains the immediateauthority and jurisdiction over the activities enumerated in subdivisions(2)(i)(A) – (2)(i)(D).
(3) "Change in owner" means:
(i) In the case of a health care facility which is apartnership, the removal, addition, or substitution of a partner which resultsin a new partner acquiring a controlling interest in the partnership;
(ii) In the case of a health care facility which is anunincorporated solo proprietorship, the transfer of the title and property toanother person;
(iii) In the case of a health care facility that is acorporation:
(A) A sale, lease exchange, or other disposition of all, orsubstantially all of the property and assets of the corporation; or
(B) A merger of the corporation into another corporation; or
(C) The consolidation or two (2) or more corporations,resulting in the creation of a new corporation; or
(D) In the case of a health care facility which is a businesscorporation, any transfer of corporate stock which results in a new personacquiring a controlling interest in the corporation; or
(E) In the case of a health care facility which is anonbusiness corporation, any change in membership which results in a new personacquiring a controlling vote in the corporation.
(4) "Clinician" means a physician licensed under title 5,chapter 37; a nurse licensed under title 5, chapter 34; a psychologist licensedunder title 5, chapter 44; a social worker licensed under title 5, chapter39.1; a physical therapist licensed under title 5, chapter 40; and a speechlanguage pathologist or audiologist licensed under title 5, chapter 48.
(5) "Director" means the director of the Rhode Island statedepartment of health.
(6) "Health care facility" means any institutional healthservice provider, facility or institution, place, building, agency, or portionthereof, whether a partnership or corporation, whether public or private,whether organized for profit or not, used, operated, or engaged in providinghealth care services, including but not limited to hospitals; nursingfacilities; home nursing care provider (which shall include skilled nursingservices and may also include activities allowed as a home care provider or asa nursing service agency); home care provider (which may include services suchas personal care or homemaker services); rehabilitation centers; kidney diseasetreatment centers; health maintenance organizations; free-standing emergencycare facilities, and facilities providing surgical treatment to patients notrequiring hospitalization (surgi-centers); hospice care, and physicianambulatory surgery centers and podiatry ambulatory surgery centers providingsurgical treatment. The term "health care facility" also includes organizedambulatory care facilities which are not part of a hospital but which areorganized and operated to provide health care services to outpatients such ascentral services facilities serving more than one health care facility orhealth care provider, treatment centers, diagnostic centers, outpatientclinics, infirmaries and health centers, school based health centers andneighborhood health centers. The term "health care facility" also includes amobile health screening vehicle as defined in this section. The term "healthcare facility" shall not apply to organized ambulatory care facilities ownedand operated by professional service corporations as defined in chapter 5.1 oftitle 7, as amended (the "Professional Service Corporation Law"), or to aprivate practitioner's (physician, dentist, or other health care provider)office or group of the practitioners' offices (whether owned and/or operated byan individual practitioner, alone or as a member of a partnership, professionalservice corporation, organization, or association). Individual categories ofhealth care facilities shall be defined in rules and regulations promulgated bythe licensing agency with the advice of the health services council. Rules andregulations concerning hospice care shall be promulgated with regard to the"Standards of a Hospice Program of Care", promulgated by National HospiceOrganization. Any provider of hospice care who provides hospice care withoutcharge shall be exempt from the licensing provisions of this chapter but shallmeet the "Standards of a Hospice Program of Care." Facilities licensed by thedepartment of mental health, retardation, and hospitals and the department ofhuman services, and clinical laboratories licensed in accordance with chapter16.2 of this title, as well as Christian Science institutions (also known asChristian Science Nursing Facilities) listed and certified by the Commissionfor Accreditation of Christian Science Nursing Organizations/Facilities, Inc.shall not be considered health care facilities for purposes of this chapter.
(7) "Homemaker", or however else called, means a trainednon-professional worker who performs related housekeeping services in the homefor the sick, disabled, dependent, or infirm, and as further defined byregulation; the director shall establish criteria for training.
(8) "Hospital" means a person or governmental entity licensedin accordance with this chapter to establish, maintain and operate a hospital.
(9) "Licensing agency" means the Rhode Island statedepartment of health.
(10) "Medical services" means any professional services andsupplies rendered by or under the direction of persons duly licensed under thelaws of this state to practice medicine, surgery, or podiatry that may bespecified by any medical service plan. Medical service shall not be construedto include hospital services.
(11) "Non-English speaker" means a person who cannot speak orunderstand, or has difficulty in speaking or understanding, the Englishlanguage, because he/she uses only or primarily a spoken language other thanEnglish, and/or a person who uses a sign language and requires the use of asign language interpreter to facilitate communication.
(12) "Person" means any individual, trust or estate,partnership, corporation, (including associations, joint stock companies, andinsurance companies) state, or political subdivision or instrumentality of astate.
(13) "Physician ambulatory surgery center" means an office orportion of an office which is utilized for the purpose of furnishing surgicalservices to the owner and/or operator's own patients on an ambulatory basis,and shall include both single-practice physician ambulatory surgery centersand multi-practice physician ambulatory surgery centers. A "single-practicephysician ambulatory surgery center" is a physician ambulatory center ownedand/or operated by a physician controlled professional service corporation asdefined in chapter 5.1 of title 7 (the "Professional Service Corporation Law"),or a physician controlled limited liability company (as defined in chapter 16of title 7 (the "Limited Liability Company Act")) in which no physician is anofficer, shareholder, director, or employee of any other corporation engaged inthe practice of the same profession, or a private physician's office (whetherowned and/or operated by an individual practitioner, alone or as a member of apartnership, professional service corporation, limited liability company,organization, or association). A "multi-practice physician ambulatory surgerycenter" is a physician ambulatory surgery center owned and/or operated by aphysician controlled professional service corporation (as defined in theProfessional Service Corporation Law) or a physician controlled limitedliability company (as defined in the Limited Liability Company Act) in which aphysician is also an officer, shareholder, director, or employee of anothercorporation engaged in the practice of the same profession, or a group ofphysicians' offices (whether owned and/or operated by an individualpractitioner, alone or as a member of a partnership, professional servicecorporation, limited liability company, organization, or association).
(14) "Podiatry ambulatory surgery center" means an office orportion of an office which is utilized for the purpose of furnishing surgicalservices to the owner and/or operator's own patients on an ambulatory basis,and shall include both single-practice podiatry ambulatory surgery centersand multi-practice podiatry ambulatory surgery centers. A "single-practicepodiatry ambulatory surgery center" is a podiatry ambulatory center ownedand/or operated by a podiatrist controlled professional service corporation as(defined in chapter 5.1 of title 7 (the "Professional Service CorporationLaw")), or a podiatrist controlled limited liability company (as defined inchapter 16 of title 7 (the "Limited Liability Company Act")) in which nopodiatrist is an officer, shareholder, director, or employee of any othercorporation engaged in the practice of the same profession, or a privatepodiatrist's office (whether owned and/or operated by an individualpractitioner, alone or as a member of a partnership, professional servicecorporation, limited liability company, organization, or association). A"multi-practice podiatry ambulatory surgery center" is a podiatry ambulatorysurgery center owned and/or operated by a podiatry controlled professionalservice corporation (as defined in the Professional Service Corporation Law) ora podiatry controlled limited liability company (as defined in the LimitedLiability Company Act) in which a podiatrist is also an officer, shareholder,director, or employee of another corporation engaged in the practice of thesame profession, or a group of podiatrists' offices (whether owned and/oroperated by a an individual practitioner, alone or as a member of apartnership, professional service corporation, limited liability company,organization, or association).
(15) "Qualified interpreter" means a person who, throughexperience and/or training, is able to translate a particular foreign languageinto English with the exception of sign language interpreters who must belicensed in accordance with chapter 71 of title 5.
(16) "Qualified sign language interpreter" means one who hasbeen licensed in accordance with the provisions of chapter 71 of title 5.
(17) "School based health center" means a facility located inan elementary or secondary school that delivers primary and preventive healthcare services to students on site.
(18) "Mobile health screening vehicle" means a mobilevehicle, van, or trailer that delivers primary and preventive health carescreening services, and:
(i) Does not maintain active contracts or arrangements withany health insurer subject to regulation under chapters 20 or 42 of title 27;
(ii) Does not maintain active contracts or arrangements withanother licensed health care facility as that term is defined within thissection; and
(iii) Does not provide medical services free of charge.