216-40-10 R.I. Code R. § 9.3

Current through August 19, 2024
Section 216-RICR-40-10-9.3 - Definitions
A. "Freestanding Emergency Care Facility" hereinafter referred to as FECF, means an establishment, place or facility which may be a public or private organization, structurally distinct and separate from a hospital, staffed, equipped and operated to provide prompt emergency medical care as defined herein.
B. "Emergency Medical Care" means services provided for a medical condition that is manifested by symptoms of sufficient severity that, in the absence of immediate medical attention, could result in placing health in jeopardy, serious impairment to bodily functions, serious dysfunction of any bodily organ or part, or development or continuance of severe pain.
C. "Director" means the Director of the Rhode Island Department of Health.
D. "Licensing Agency" means the Rhode Island Department of Health.
E. "Person" means any individual, trust or state, partnership, corporation (including associations, joint stock companies) state, or political subdivisions or instrumentality of the state.
F. "Physician" means an individual licensed under the provisions of R.I. Gen. Laws Chapter 5-37, to practice medicine or osteopathy in this state.
G. "Change in owner" means:
1. In the case of an FECF 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;
2. In the case of an FECF which is an unincorporated solo proprietorship, the transfer of the title and property to another person;
3. In the case of an FECF which is a corporation;
a. A sale, lease, exchange or other disposition of all, or substantially all of the property and assets of the corporation; or
b. A merger of the corporation into another corporation; or
c. The consolidation of two or more corporations, resulting in the creation of a new corporation; or
d. In the case of an FECF which is a business corporation, any transfer of corporate stock which results in a new person acquiring a controlling interest in such corporation; or
e. In the case of an FECF facility which is a non-business corporation, any change in membership which results in a new person acquiring a controlling vote in such corporation.
H. "Change in operator" means a transfer by the governing body or operator of an FECF to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing body's authority to:
1. Hire or fire the chief executive officer of the FECF;
2. Maintain and control the books and records of FECF;
3. Dispose of assets and incur liabilities on behalf of the FECF; or
4. Adopt and enforce policies regarding operation of the FECF.
5. This definition is not applicable to circumstances wherein the governing body of an FECF retains the immediate authority and jurisdiction over the activities enumerated above.
I. "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 freestanding emergency care facility 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.

216 R.I. Code R. § 216-RICR-40-10-9.3