216 R.I. Code R. § 216-RICR-40-10-16.3 - Definitions
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.
Notes
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