Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 345.00 - Rates for Temporary Nursing Services › Section 345.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				101 CMR 345.00, terms have
				the meanings in 101 CMR 345.02.
Department
. The Department of Public
				Health established under M.G.L. c. 111.
EOHHS
. The Executive Office of Health
				and Human Services established under M.G.L. c. 6A.
Fixed-term Employees
. Employees who
				work exclusively at a particular health-care facility for a specified period of
				at least 90 days pursuant to a contract between the provider and a temporary
				nursing agency.
Governmental Unit
. The Commonwealth,
				any department, agency, board, division, or commission of the Commonwealth, and
				any political subdivision of the Commonwealth.
Health Service Area (HSA)
. Regional
				boundaries created for the purposes of health-care planning pursuant to P.L.
				93-641. A list of the municipalities in each HSA is included in an appendix to
				101 CMR 345.00.
Hospital
. A hospital licensed under
				M.G.L. c. 111, § 51 including, but not limited to, an acute hospital,
				chronic hospital, rehabilitation hospital, or psychiatric hospital.
Medical Personnel
. Registered nurses,
				licensed practical nurses, and certified nursing assistants, associated with a
				temporary nursing agency. All such medical personnel are employees unless the
				agency demonstrates that they should be treated as independent
				contractors.
Nursing Facility
. A nursing or
				convalescent home; an infirmary maintained in a town; a charitable home for the
				aged, as defined in M.G.L. c. 111, § 71; or a nursing facility operating
				under a hospital license issued by the Department pursuant to M.G.L. c. 111,
				and certified by the Department for participation in MassHealth. It includes
				facilities that operate a licensed residential-care unit within the nursing
				facility.
Overtime
. Per hour of care in excess
				of 40 hours per week or eight hours per day, as defined in an agreement between
				the health-care facility and the agency.
Price
. The total amount per hour
				charged by the agency for a specific service to the provider.
Registered Nurse Specialist
. A
				registered nurse with advanced nursing knowledge and clinical skills acquired
				through an appropriate nursing education program in accordance with
				244 CMR 4.00:
Advanced
				Practice Registered Nursing
including, but not limited to, an
				operating room nurse, clinical nurse specialist, intensive-care unit nurse,
				coronary-care unit nurse, and infectioncontrol nurse.
Related Party
. An individual or
				organization associated or affiliated with, or that has control of, or is
				controlled by, the agency; or is related to the agency or any director,
				stockholder, trustee, partner, or administrator of the agency by common
				ownership or control or in a manner specified in §§ 267(b) and (c) of
				the Internal Revenue Code of 1954, provided, however, that 10% is the operative
				factor as set out in §§ 267(b)(2) and (3). Related individuals
				include spouses, parents, children, spouses of children, grandchildren,
				siblings, fathers-in-law, mothers-in-law, brothers-in-law, and
				sisters-in-law.
Temporary Nursing Agency (Agency)
. An
				agency is defined in accordance with the provisions of
				105 CMR
				157.010:
Scope and
				Applicability
. It includes any person, firm, corporation, partnership,
				or association registered with the Department that is engaged for hire in the
				business of procuring or providing temporary employment in health-care
				facilities for medical personnel, referred to as "nursing pools" in M.G.L. c.
				111, § 72Y. Each separate location of the business of an agency registered
				with the Department is an agency. An agency does not include a medical
				personnel staff arrangement set up by a health-care facility solely for its own
				use in which the only costs are the salaries paid to such medical personnel; or
				an individual who engages only in providing his or her own services on a
				temporary basis to health-care facilities.
Travel Nurse Employees
. Nurses
				employed by temporary nursing agencies who are required to move to temporary
				housing to provide services with rate limits established by
				101 CMR 345.00 and for whom
				such agencies cover costs that must include temporary housing costs, but which
				also may include other costs including, but not necessarily limited to,
				meals.