Cal. Code Regs. Tit. 8, § 9771.60 - Further Definitions
The following definitions apply to the interpretation of these rules and the Act:
(a) "Act"
means Sections 4600.3, 4600.5 and 4600.6 of the Code
(b) "Advertisement" includes the disclosure
form required pursuant to Section 4600.6(e) of the Code.
(c)
(1) An
"affiliate" of a person is a person controlled by, under common control with,
or controlling such person.
(2) A
person's relationship with another person is that of an "affiliated person" if
such person is, as to such other person, a director, trustee or a member of its
executive committee or other governing board or committee, or that of an
officer or general partner, or holds any other position involving
responsibility and authority similar to that of a principal officer or general
partner; or who is the holder of 5 percent or more of its outstanding equity
securities; or who has any such relationship with an affiliate of such person.
An affiliate is also an affiliated person.
(d) The term "control" (including the terms
"controlling," "controlled by" and "under common control with") means the
possession, direct or indirect, of the power to direct or cause the direction
of the management and policies of a person, whether through the ownership of
voting shares, debt, by contract, or otherwise.
(e) The term "certified" or "audited," when
used in regard to financial statements, means examined and reported upon with
an opinion expressed by an independent public or certified public
accountant.
(f) "Code" means the
California Labor Code.
(g)
"Administrative Director" means the Administrative Director of the Division of
Workers' Compensation.
(h)
"Facility" means
(1) any premises owned,
leased, used or operated directly or indirectly by or for the benefit of an
organization or any affiliate thereof, and
(2) any premises maintained by a provider to
provide services on behalf of an organization.
(i) "Material": A factor is "material" with
respect to a matter if it is one to which a reasonable person would attach
importance in determining the action to be taken upon the matter.
(j) "Principal creditor" means
(1) a person who has loaned funds to another
for the operation of such other person's business, and
(2) a person who has, directly or indirectly,
20 percent or more of the outstanding debts of a person.
(k) "Principal officer" means a president,
vice-president, secretary, treasurer or chairman of the board of a corporation,
a sole proprietor, the managing general partner of a partnership, or a person
having similar responsibilities or functions.
(l) The term "generally accepted accounting
principles," when used in regard to financial statements, assets, liabilities
and other accounting items, means generally accepted accounting principles as
used by business enterprises organized for profit. Accordingly, Financial
Accounting Standards Board statements, Accounting Principles Board opinions,
accounting research bulletins and other authoritative pronouncements of the
accounting profession should be applied in determining generally accepted
accounting principles unless such statements, opinions, bulletins and
pronouncements are inapplicable. Section 510.05 of the AICPA Professional
Standards, in and of itself, shall not be sufficient reason for determining
inapplicability of statements, opinions, bulletins and
pronouncements.
(m) Workers'
compensation health care provider organization" or "organization" means an
entity authorized by the Administrative Director to be a health care
organization pursuant to Section 4600.5(e) and 4600.6, or an entity applying
for such authorization.
Notes
Note: Authority cited:
Stats.
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