Section 216-RICR-40-10-12.2 - DefinitionsA. Whenever used in these rules and regulations, the following terms shall be construed as follows: 1. "Acute dialysis" means short term intensive dialysis requiring hospitalization.2. "Change in operator" means a transfer by the governing body or operator of a kidney disease treatment center 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 kidney disease treatment center;b. Maintain and control the books and records of the kidney disease treatment center;c. Dispose of assets and incur liabilities on behalf of the kidney disease treatment center; ord. Adopt and enforce policies regarding operation of the kidney disease treatment center.e. This definition is not applicable to circumstances wherein the governing body of a kidney disease treatment center retains the immediate authority and jurisdiction over the activities enumerated in §§ 12.2(A)(2)(a) through (d) of this Part herein.3. "Change in owner" means: a. In the case of a kidney disease treatment 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 kidney disease treatment center which is an unincorporated sole proprietorship, the transfer of the title and property to another person;c. In the case of a kidney disease treatment 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 kidney disease treatment 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 kidney disease treatment center which is a non-business corporation, any change in membership which results in a new person acquiring controlling vote in such corporation.4. "Dialysis" means a process by which dissolved substances are removed from a patient's body by diffusion from one fluid compartment to another across a semipermeable membrane either by the use of hemodialysis or peritoneal dialysis.5. "Director" means the Director of the Rhode Island Department of Health.6. "Equity" means non-debt funds contributed towards the capital costs related to an initial licensure or change in owner or change in operator of a kidney disease treatment 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.7. "Health Services Council" means the advisory body to the Rhode Island Department of Health established in accordance with R.I. Gen Laws Chapter 23-17, appointed and empowered in accordance with R.I. Gen. Laws Chapter 23-15, as amended, to serve as the advisory body to the state agency in its review functions.8. "Home dialysis" means carrying out the therapeutic process of dialysis in the patient's place of residence by a properly trained patient or `helper.'9. "Hospital affiliation" means a contractual arrangement with a licensed hospital for the provision of services for patients with medical problems in need of hospital services, equipment and personnel for in-patient care.10. "Kidney disease treatment center" means a "free-standing (non-hospital) dialysis facility for renal disease" which may be a public or private organization or sub-unit of such an agency or organization providing chronic maintenance dialysis to ambulatory patients on the premises of the facility or in the patient's place of residence.11. "Licensing agency" or "state agency" means the Rhode Island Department of Health.12. "The licensed capacity" of a kidney disease treatment center means the number of dialysis stations that the center is licensed to operate.13. "Person" means any individual, trust or estate, partnership, corporation (including associations, joint stock companies) state, or political subdivision or instrumentality of a state.14. "Self-care dialysis" means dialysis performed with nominal professional supervision by a patient who has completed an appropriate course of training.15. "Sub-unit" means a satellite of a licensed kidney disease treatment center which serves patients in a geographic area different from its parent agency and which can share administration, supervision and services on a daily basis with its parent agency.16. "Technical advisory committee" means a multidisciplinary body of persons with professional training in renal disease and other related professional fields, acceptable to the affiliated hospital, to serve as an advisory body on matters pertaining to standards, policies, staffing, program and services of the free-standing facility.216 R.I. Code R. § 216-RICR-40-10-12.2
Amended effective 9/28/2023
Amended effective 12/24/2023