Section 216-RICR-40-10-16.3 - DefinitionsA. 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; ord. 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.216 R.I. Code R. § 216-RICR-40-10-16.3