Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 12 - Rules and Regulations for the Licensing of Kidney Disease Treatment Centers › Section 216-RICR-40-10-12.2 - Definitions

Current through June 14, 2024
A. Whenever used in these rules and
				  regulations, the following terms shall be construed as follows:
1. "Acute dialysis" means short term
				  intensive dialysis requiring hospitalization.
2. "Change in operator" means a transfer by
				  the governing body or operator of a kidney disease treatment center to any
				  other person (excluding delegations of authority to the medical or
				  administrative staff of the facility) of the governing body's authority to:
a. Hire or fire the chief executive officer
				  of the kidney disease treatment center;
b. Maintain and control the books and records
				  of the kidney disease treatment center;
c. Dispose of assets and incur liabilities on
				  behalf of the kidney disease treatment center; or
d. Adopt and enforce policies regarding
				  operation of the kidney disease treatment center.
e. This definition is not applicable to
				  circumstances wherein the governing body of a kidney disease treatment center
				  retains the immediate authority and jurisdiction over the activities enumerated
				  in §§
												12.2(A)(2)(a) through
				  (d)   of this Part herein.
3. "Change in owner" means:
a. In the case of a kidney disease treatment
				  center which is a partnership, the removal, addition or substitution of a
				  partner which results in a new partner acquiring a controlling interest in such
				  partnership;
b. In the case of a
				  kidney disease treatment center which is an unincorporated sole proprietorship,
				  the transfer of the title and property to another person;
c. In the case of a kidney disease treatment
				  center which is a corporation;
(1) A sale,
				  lease, exchange or other disposition of all, or substantially all of the
				  property and assets of the corporation; or
(2) A merger of the corporation into another
				  corporation; or
(3) The
				  consolidation of two or more corporations, resulting in the creation of a new
				  corporation; or
(4) In the case of
				  a kidney disease treatment center which is a business corporation, any transfer
				  of corporate stock which results in a new person acquiring a controlling
				  interest in such corporation; or
(5) In the case of a kidney disease treatment
				  center which is a non-business corporation, any change in membership which
				  results in a new person acquiring controlling vote in such
				  corporation.
4. "Dialysis" means a process by which
				  dissolved substances are removed from a patient's body by diffusion from one
				  fluid compartment to another across a semipermeable membrane either by the use
				  of hemodialysis or peritoneal dialysis.
5. "Director" means the Director of the Rhode
				  Island Department of Health.
6.
				  "Equity" means non-debt funds contributed towards the capital costs related to
				  an initial licensure or change in owner or change in operator of a kidney
				  disease treatment center which funds are free and clear of any repayment or
				  liens against the assets of the proposed owner and/or licensee and that result
				  in a like reduction in the portion of the capital cost that is required to be
				  financed or mortgaged.
7. "Health
				  Services Council" means the advisory body to the Rhode Island Department of
				  Health established in accordance with R.I. Gen Laws Chapter 23-17, appointed
				  and empowered in accordance with R.I. Gen. Laws Chapter 23-15, as amended, to
				  serve as the advisory body to the state agency in its review
				  functions.
8. "Home dialysis" means
				  carrying out the therapeutic process of dialysis in the patient's place of
				  residence by a properly trained patient or `helper.'
9. "Hospital affiliation" means a contractual
				  arrangement with a licensed hospital for the provision of services for patients
				  with medical problems in need of hospital services, equipment and personnel for
				  in-patient care.
10. "Kidney
				  disease treatment center" means a "free-standing (non-hospital) dialysis
				  facility for renal disease" which may be a public or private organization or
				  sub-unit of such an agency or organization providing chronic maintenance
				  dialysis to ambulatory patients on the premises of the facility or in the
				  patient's place of residence.
11.
				  "Licensing agency" or "state agency" means the Rhode Island Department of
				  Health.
12. "The licensed capacity"
				  of a kidney disease treatment center means the number of dialysis stations that
				  the center is licensed to operate.
13. "Person" means any individual, trust or
				  estate, partnership, corporation (including associations, joint stock
				  companies) state, or political subdivision or instrumentality of a
				  state.
14. "Self-care dialysis"
				  means dialysis performed with nominal professional supervision by a patient who
				  has completed an appropriate course of training.
15. "Sub-unit" means a satellite of a
				  licensed kidney disease treatment center which serves patients in a geographic
				  area different from its parent agency and which can share administration,
				  supervision and services on a daily basis with its parent agency.
16. "Technical advisory committee" means a
				  multidisciplinary body of persons with professional training in renal disease
				  and other related professional fields, acceptable to the affiliated hospital,
				  to serve as an advisory body on matters pertaining to standards, policies,
				  staffing, program and services of the free-standing facility.