Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 10 - Facility regulation › Part 3 - Organized Ambulatory Care Facilities (216-RICR-40-10-3) › Section 216-RICR-40-10-3.3 - Definitions

Current through June 14, 2024
A. Wherever used in this Part the following
				  terms shall be construed as follows:
1. "Act"
				  means R.I. Gen. Laws Chapter 23-17, entitled "Licensing of Health Care
				  Facilities."
2. "Ambulatory and
				  urgent health care" means health care services provided to outpatients whose
				  condition does not require emergency medical care as defined herein, by or
				  under the supervision of a physician/dentist licensed in Rhode Island pursuant
				  to R.I. Gen. Laws Chapters 5-37 and 5-31.1 respectively.
3. "Change in operator" means a transfer by
				  the governing body or operator of an OACF 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 OACF;
b. Maintain and
				  control the books and records of the OACF;
c. Dispose of assets and incur liabilities on
				  behalf of the OACF; or
d. Adopt and
				  enforce policies regarding operation of the OACF.
e. The definition is not applicable to
				  circumstances wherein the governing body of an OACF retains the immediate
				  authority and jurisdiction over the activities enumerated in §§
												3.3(A)(3)(a) through
				  (d)   of this Part.
4. "Change in owner" means:
a. In the case of an OACF 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 an
				  OACF which is an unincorporated sole proprietorship, the transfer of the title
				  and property to another person;
c.
				  In the case of an OACF which is a corporation:
(1) A sale, lease, exchange 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 an OACF facility 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
				  an OACF facility which is a non-business corporation, any change in membership
				  which results in a new person acquiring a controlling vote is such
				  corporation.
5.
				  "Department" means the Rhode Island Department of Health. The Department is
				  also the "licensing agency" designated pursuant to R.I. Gen. Laws Chapter
				  23-17.
6. "Director" means the
				  Director of the Rhode Island Department of Health.
7. "Emergency medical care" means those
				  services provided after the onset of a medical condition that is manifested by
				  symptoms of sufficient severity that, in the absence of immediate medical
				  attention, could reasonably be expected to result in placing health in
				  jeopardy, serious impairment to bodily functions, serious dysfunction of any
				  bodily organ or part, or development or continuance of severe pain.
8. "Equity" means non-debt funds contributed
				  towards the capital costs related to an initial licensure or change in owner or
				  change in operator of an OACF 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.
9.
				  "Initial licensure" means a review conducted pursuant to the provisions
				  contained in §3.4.5 of this Part.
10. "Institution based, non-public premises"
				  means premises where the OACF provides direct care services solely to
				  individuals who are members of a defined institution as determined by the
				  Director.
11. "Organized ambulatory
				  care facility" hereinafter referred to as OACF means a structurally distinct
				  public or private health care establishment, institution or facility, primarily
				  constituted, staffed and equipped to deliver ambulatory and urgent health care
				  services as defined herein, to the general public and known by such terms as
				  central service facility, treatment center, diagnostic center, rehabilitation
				  center (outpatient), infirmary, outpatient clinic or health center which is not
				  a part of a hospital, excluding however, OACFs owned and operated by
				  professional service corporations as defined in R.I. Gen. Laws Chapter 7-5.1,
				  (the "Professional Services Corporation Law"), or to a private practitioner's
				  (physician, dentist or other health care provider) office, and/or operated by
				  an individual practitioner, alone or as an member of a partnership,
				  professional service corporation, organization or association), and those
				  health care facilities otherwise licensed by or under the jurisdiction of the
				  Department of Health and/or the Department of Mental Health, Retardation and
				  Hospitals, or other governmental agency.
12. "Person" means any individual, trust or
				  estate, partnership, corporation (including associations, joint stock
				  companies), limited liability company, state, or political subdivisions or
				  instrumentally or the state.
13.
				  "Premises" means a tract of land and the buildings thereon where direct patient
				  care services are provided.