Md. Code Regs. 10.37.01.01

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.37.01.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Accounting and Reporting System for Hospitals" means the system originally adopted by the Commission in 1973 and as amended which is in effect at the time the System is referred to in these regulations. The System is also referred to as "the Rate Review System", or "the Accounting and Budget Manual for Fiscal and Operating Management".

(2) "Beneficial owner" means that person who ultimately benefits or suffers losses from the operation of the firm or has a vested interest in it, and includes, but is not limited to, limited partners, beneficiaries of voting or other trusts, and limited term and remaindermen beneficiaries or owners.

(3) "Firm" means a partnership, corporation or other business professional, or academic entity, and, in the case of sole proprietors or practitioners, the trustee himself.

(4) "Notify in writing" or "written notification" means personal delivery to the person to be notified, or mailing through the United States Postal Services, by registered or certified mail, return receipt requested to the person to be notified.

(5) "Officer" means:

(a) An individual who is elected to office pursuant to a resolution of the governing board of the hospital or related institution, to fill a position defined in the bylaws of the hospital or related institution; or

(b) An individual who, although not specifically designated as an "officer" administers the policies of the hospital or related institution, and has the authority and performs the duties in the management of the property and affairs of the hospital or related institution as may be provided in the bylaws.

(6) "Partner" means any partner who has voting power or management or policy responsibilities, regardless of restrictions thereon, but excludes limited partners or other partners who have no vote in or management or policy responsibilities as to the partnership.

(7) "Section 556 hospitals" or "hospitals" means all hospitals as defined in Article 43, § 556, Annotated Code of Maryland.

(8) "Section 556 nursing homes" or "nursing homes" or "Section 556 care homes" or "care homes" means all nursing homes or care homes as defined in Article 43, § 556, Annotated Code of Maryland.

(9) "Section 556 related institutions" or "related institutions" means all related institutions as defined in Article 43, § 556, Annotated Code of Maryland.

(10) "Trustee" or "director" means any person serving on a governing board or committee of a nonprofit hospital or related institution who is empowered to vote on matters concerning the hospital's or related institution's governance or other matters generally concerning its policies.

(11) "Willfully" means acting in a purposeful and not a negligent or accidental manner, but need not encompass a criminal intent not to observe or to breach any statute or rule of law.

Md. Code Regs. 10.37.01.01

Regulation .01B, C, E, F, J, and K adopted effective September 19, 1974 (1:1 Md. R. 17)
Regulations .01 amended effective October 3, 1980 (7:20 Md. R. 1879)
Regulation .01A amended effective December 14, 1987 (14:25 Md. R. 2660)