Louisiana Administrative Code › Title 48 - PUBLIC HEALTH-GENERAL › Part XXV - Mergers, Acquisitions, and Re-Organization › Chapter 5 - Certificates of Public Advantage › Section XXV-503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used within
				the rules:
Affiliate
-any or all of the following:
				  corporation; partnership; sole proprietorship; joint venture; trust; natural
				  person; or any other entity, whether existing for commercial or noncommercial
				  purposes, however organized, in which any person or entity owning, directly or
				  indirectly or beneficially, 3 percent of the health care facility owns
				  directly, or indirectly, or beneficially, 50 percent or more of the
				  affiliates.
Attachment
-each document or object sent or
				  provided with any document or object, and includes each document or object sent
				  with it, whether it be a letter, memorandum, contract, document or other
				  writing or object.
Certificate of Public Advantage
or
				  "
Certificate
"-a written certificate issued by the department
				  as evidence of the department's intention that the implementation of a
				  cooperative agreement, when actively supervised by the department, receives
				  state action immunity from prosecution by the state or by any district attorney
				  in the state as a violation of state or federal antitrust laws.
Certified Mail
-uninsured first class mail
				  whose delivery is recorded by having the addressee sign for it.
Comment
-a written document offering
				  explanation, illustration, criticism, or personal opinion.
Cooperative Agreement
or
				  "
Agreement
"-a written agreement between two or more health
				  care facilities for the sharing, allocation, or referral of any one or more of
				  the following:
a. patients;
b. personnel;
c. instructional programs;
d. emergency medical services;
e. support services and facilities;
f. medical, diagnostic, or laboratory facilities or
				  procedures; or
g. other services customarily offered by health care
				  facilities.
Days
-consecutive calendar days.
Department
-the Louisiana Department of
				  Justice, Office of the Attorney General.
Director
-the Director of the Civil
				  Division.
Documents
or
Document
-all
				  writings or any other record of any kind, including originals and each and
				  every nonidentical copy (if different from the original for any reason).
				  Document(s) includes, but is not limited to:
a. correspondence, memoranda, notes, diaries, calendars,
				  statistics, letters, telegrams, minutes, contracts, reports, studies, checks,
				  statements, receipts, returns, summaries, pamphlets, books, and interoffice and
				  intra office communications;
b. notations (of any sort) of conversations, telephone calls,
				  meetings, and other communications;
c. bulletins, printed matter, computer printouts, computer
				  generated output, teletypes, telefax, facsimiles, invoices, worksheets, drafts,
				  alterations, modifications, changes, and amendments of any kind;
d. photographs, charts, maps, graphs, sketches, microfiche,
				  microfilm, videotapes, video recordings, and motion pictures; and
e. any electronic or mechanical records or tapes, cassette,
				  diskettes, audio recordings, computer hard drives and other means of storing
				  information.
Expert
-one who is knowledgeable in a
				  specialized field, that knowledge being obtained from either education or
				  personal experience. For example, any economist, accountant, financial advisor,
				  investment banker, broker, valuation specialist, or other person who is
				  consulted, relied upon, retained, or used by the health care facility.
Financial Statement
-
a. any compilation or statement (audited, unaudited, or
				  draft) of the health care facility's financial position. Financial statements
				  (regardless of precise terminology) include, but are not limited to:
i. tax returns;
ii. balance sheets;
iii. statements of income and expenses;
iv. statements of profit and loss;
v. statements of stockholders' equity; and
vi. statements of changes in financial position.
b. each and every financial statement should include each and
				  every related footnote of the respective financial statement.
Foundation
-a permanent fund established and
				  maintained by contributions for charitable, educational, religious, or
				  benevolent purposes.
Health Care Facility
-any facility or
				  institution, whether public or private, that offers diagnosis, treatment, and
				  inpatient or ambulatory care to two or more unrelated persons.
Objection
-a written document offered in
				  opposition to the approval of an application which states the reason, grounds,
				  or cause for expressing opposition.
Person
-any natural person, public or
				  private corporation (whether or not organized for profit), governmental entity,
				  partnership, association, cooperative, joint venture, sole proprietorship, or
				  other legal entity. With respect to the health care facility, the term person
				  also includes any natural person acting formally or informally as an employee,
				  officer, director, agent, attorney, or other representative of the health care
				  facility.
Persons
on
Record
-persons
				  submitting written documentation to the director, by certified mail, stating
				  objections, comments, or requests for notification of actions by the department
				  involving a particular application. Persons on record status must be renewed by
				  written request, sent by certified mail to the director, prior to December 31
				  of each calendar year.
Transaction
or
Proposed
				  Transaction
or
Agreement
-the proposed or executed
				  cooperative, merger, joint venture, or consolidation agreement which resulted
				  in the submission of the notice to the attorney general pursuant to
				  R.S.
				  40:2254.1 et seq.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  40:2254.1 et
				  seq.