Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 16 - Rehabilitation Hospital Centers (216-RICR-40-10-16) › Section 216-RICR-40-10-16.3 - Definitions

Current through June 14, 2024
A. Wherever used in this Part the following
				  terms shall be construed as follows:
1. "Bed
				  complement" of a rehabilitation hospital center means the number of beds a
				  center has in actual use, equal to or less than the licensed
				  capacity.
2. "Capacity" of a
				  rehabilitation hospital center means the maximum potential number of beds which
				  may be accommodated within the center.
3. "Change in operator" means a transfer by
				  the governing body or operator of a center to any other person (excluding
				  delegations of authority to the medical or administrative staff of the center)
				  of the governing body's authority to:
a. Hire
				  or fire the chief executive officer (administrator) of the center;
b. Maintain and control the books and records
				  of the center;
c. Dispose of assets
				  and incur liabilities on behalf of the center; or
d. Adopt and enforce policies regarding
				  operation of the center.
(1) This definition
				  is not applicable to circumstances wherein the governing body of a center
				  retains the immediate authority and jurisdiction over the activities enumerated
				  in §§
													16.3(A)(3)(a) through
				  (d)   of this Part.
4. "Change in owner" means:
a. In the case of a 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
				  center which is an unincorporated sole proprietorship, the transfer of the
				  title and property to another person;
c. In the case of a 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 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 center which is a
				  non-business corporation, any change in membership which results in a new
				  person acquiring a controlling vote in such corporation.
5. "Director" means the Director
				  of the Rhode Island Department of Health.
6. "Discharge" means a patient's exit or
				  release from a Center to the patient's residence following an inpatient
				  admission.
7. "Equity" means
				  non-debt funds contributed towards the capital costs related to a change in
				  owner or change in operator of a rehabilitation hospital 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.
8. "Health Services Council" means the
				  advisory body to the Rhode Island Department of Health established in
				  accordance with R.I. Gen. Laws §
											23-17-13.1 appointed and empowered in accordance with R.I. Gen. Laws §
											23-15-7 to serve as the advisory body to the state agency in its review
				  functions.
9. "Licensed capacity"
				  of a rehabilitation hospital center means the number of beds a center is
				  licensed to operate.
10. "Lift
				  team" means Rehabilitation hospital center employees specifically trained to
				  perform patient lifts, transfers, and repositioning in accordance with safe
				  patient handling policy.
11.
				  "Musculoskeletal disorders" means conditions that involve the nerves, tendons,
				  muscles, and supporting structures of the body.
12. "Person" means any individual, trust or
				  estate, partnership, corporation (including associations, joint stock
				  companies), limited liability company, state, or political subdivision or
				  instrumentality of a state.
13.
				  "Physician" means an individual licensed to practice medicine or osteopathy in
				  Rhode Island pursuant to the provisions of R.I. Gen. Laws Chapter
				  5-37.
14. "Progressive levels"
				  means inpatient, day patient and outpatient or other levels of rehabilitation
				  programs and services through which a patient progresses based on established
				  criteria for each level of care and on the individual patient's plan of
				  care.
15. "Rehabilitation" means
				  the process of providing through an interdisciplinary team, coordinated
				  comprehensive services deemed appropriate to the needs of a person with a
				  disability, in a program designed to achieve objectives of improved functional
				  ability, health, welfare and the realization of one's maximum physical, social,
				  psychological and vocational potential for useful and productive activity and
				  to enhance independent and self-sufficiency.
16. "Rehabilitation hospital center", or
				  "Center" means a facility which has a distinct organizational entity, an
				  organized medical staff, nursing service and a range of rehabilitation
				  services, which provides progressive levels of functional rehabilitation
				  services to persons who require diagnosis and treatment for non-acute chronic
				  injury, illness or other disabilities, excluding substance mental and/or
				  rehabilitation facilities licensed by other state agencies. Such rehabilitation
				  hospital centers however, shall not be construed to have the same meaning as
				  the term "hospital" as defined in the rules and regulations for Licensing of
				  Hospitals (Part 4 of this Subchapter), nor to imply the provisions of a range
				  of acute care as could be provided under the aforementioned
				  regulations.
17. "State Fire
				  Marshal" means the Division of the State Fire Marshal, Department of Public
				  Safety, State of Rhode Island.
18.
				  "Safe patient handling" means the use of engineering controls, transfer aids,
				  or assistive devices whenever feasible and appropriate instead of manual
				  lifting to perform the acts of lifting, transferring, and/or repositioning
				  health care patients and residents.
19. "Safe patient handling policy" means
				  protocols established to implement safe patient handling.
20. "State agency" means the Rhode Island
				  Department of Health.