Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 221 - REGULATIONS GOVERNING COOPERATIVE AGREEMENTS › Section 12VAC5-221-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
"Applicant" means a party to a proposed cooperative agreement
				  who submits an application to the authority pursuant to §
									15.2-5384.1 of the Code of
				  Virginia.
"Application" means the written materials submitted by
				  applicants to the authority and the department in accordance with §
									15.2-5384.1 of the Code of
				  Virginia.
"Attorney General" means the Attorney General for the
				  Commonwealth of Virginia.
"Authority" means the political subdivision organized and
				  operated pursuant to Chapter 53.1 (§
									15.2-5368 et seq.) of Title 15.2
				  of the Code of Virginia, or if such authority is abolished, the board, body,
				  authority, department, or officer succeeding to the principal functions thereof
				  or to whom the powers given by Chapter 53.1 of Title 15.2 of the Code of
				  Virginia are given by law.
"Commissioner" means the State Health Commissioner.
"Cooperative agreement" means an agreement among two or more
				  hospitals for the sharing, allocation, consolidation by merger or other
				  combination of assets, or referral of patients, personnel, instructional
				  programs, support services, and facilities or medical, diagnostic, or
				  laboratory facilities or procedures or other services traditionally offered by
				  hospitals.
"Day" or "days" means calendar days.
"Department" means the Virginia Department of Health.
"Hospital" includes any health center and health provider
				  under common ownership with the hospital and means any and all providers of
				  dental, medical, and mental health services, including all related facilities
				  and approaches thereto and appurtenances thereof. Dental, medical, and mental
				  health facilities includes any and all facilities suitable for providing
				  hospital, dental, medical, and mental health care, including any and all
				  structures, buildings, improvements, additions, extensions, replacements,
				  appurtenances, lands, rights in lands, franchises, machinery, equipment,
				  furnishing, landscaping, approaches, roadways, and other facilities necessary
				  or desirable in connection therewith or incidental thereto (including
				  hospitals; nursing homes; assisted living facilities; continuing care
				  facilities; self-care facilities; mental health facilities; wellness and health
				  maintenance centers; medical office facilities; clinics; outpatient surgical
				  centers; alcohol, substance abuse, and drug treatment centers; dental care
				  clinics; laboratories; research facilities; sanitariums; hospices; facilities
				  for the residence or care of the elderly, the handicapped, or the chronically
				  ill; residential facilities for nurses, interns, and physicians; and any other
				  kind of facility for the diagnosis, treatment, rehabilitation, prevention, or
				  palliation of any human illness, injury, disorder, or disability) together with
				  all related and supporting facilities and equipment necessary and desirable in
				  connection therewith or incidental thereto, or equipment alone, including
				  kitchen, laundry, laboratory, wellness, pharmaceutical, administrative,
				  communications, computer and recreational facilities and equipment, storage
				  space, mobile medical facilities, vehicles, and other equipment necessary or
				  desirable for the transportation of medical equipment or the transportation of
				  patients. Dental, medical, and mental health facilities also includes
				  facilities for graduate-level instruction in medicine or dentistry and clinics
				  appurtenant thereto offering free or reduced rate dental, medical, or mental
				  health services to the public.
"Letter authorizing cooperative agreement" means a document
				  that is issued by the commissioner approving a cooperative agreement.
"Measure" means some number of factors or benchmarks, which
				  may be binary, a range, or continuous factors.
"Participating locality" means any county or city in the
				  LENOWISCO or Cumberland Plateau Planning District Commissions and the Counties
				  of Smyth and Washington and the City of Bristol with respect to which an
				  authority may be organized and in which it is contemplated that the authority
				  will function.
"Party" means a hospital entering into a cooperative
				  agreement.
"Plan of separation" means the written proposal submitted
				  with an application to return the parties to a preconsolidation state, which
				  includes a plan for separation of any combined assets, offering, provision,
				  operation, planning, funding, pricing, contracting, utilization review or
				  management of health services or any combined sharing, allocation, or referral
				  of patients, personnel, employee benefits, instructional programs, support
				  services and facilities or medical, diagnostic or laboratory facilities or
				  procedures or other services traditionally offered by hospitals, including any
				  parent or subsidiary at the time the consolidation occurs or thereafter.
"Primary service area" or "PSA" means the geographic area
				  from which a hospital draws 75% of its patients as measured by the residential
				  zip code of each patient.
"Secondary service area" or "SSA" means the geographic area
				  from which a hospital draws an additional 15% of its patients, as measured by
				  the residential zip code of each patient.
Statutory Authority: §
											32.1-12 of the Code of
					 Virginia.