Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 37 - HEALTH SERVICES COST REVIEW COMMISSION › Chapter 10.37.01 - Uniform Accounting and Reporting System for Hospitals and Related Institutions › Section 10.37.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Accounting and Reporting System for
				  Hospitals" means the system originally adopted by the Commission in 1973 and as
				  amended which is in effect at the time the System is referred to in these
				  regulations. The System is also referred to as "the Rate Review System", or
				  "the Accounting and Budget Manual for Fiscal and Operating
				  Management".
(2) "Beneficial owner"
				  means that person who ultimately benefits or suffers losses from the operation
				  of the firm or has a vested interest in it, and includes, but is not limited
				  to, limited partners, beneficiaries of voting or other trusts, and limited term
				  and remaindermen beneficiaries or owners.
(3) "Firm" means a partnership, corporation
				  or other business professional, or academic entity, and, in the case of sole
				  proprietors or practitioners, the trustee himself.
(4) "Notify in writing" or "written
				  notification" means personal delivery to the person to be notified, or mailing
				  through the United States Postal Services, by registered or certified mail,
				  return receipt requested to the person to be notified.
(5) "Officer" means:
(a) An individual who is elected to office
				  pursuant to a resolution of the governing board of the hospital or related
				  institution, to fill a position defined in the bylaws of the hospital or
				  related institution; or
(b) An
				  individual who, although not specifically designated as an "officer"
				  administers the policies of the hospital or related institution, and has the
				  authority and performs the duties in the management of the property and affairs
				  of the hospital or related institution as may be provided in the
				  bylaws.
(6) "Partner"
				  means any partner who has voting power or management or policy
				  responsibilities, regardless of restrictions thereon, but excludes limited
				  partners or other partners who have no vote in or management or policy
				  responsibilities as to the partnership.
(7) "Section 556 hospitals" or "hospitals"
				  means all hospitals as defined in Article 43, § 556, Annotated Code of
				  Maryland.
(8) "Section 556 nursing
				  homes" or "nursing homes" or "Section 556 care homes" or "care homes" means all
				  nursing homes or care homes as defined in Article 43, § 556, Annotated
				  Code of Maryland.
(9) "Section 556
				  related institutions" or "related institutions" means all related institutions
				  as defined in Article 43, § 556, Annotated Code of Maryland.
(10) "Trustee" or "director" means any person
				  serving on a governing board or committee of a nonprofit hospital or related
				  institution who is empowered to vote on matters concerning the hospital's or
				  related institution's governance or other matters generally concerning its
				  policies.
(11) "Willfully" means
				  acting in a purposeful and not a negligent or accidental manner, but need not
				  encompass a criminal intent not to observe or to breach any statute or rule of
				  law.