Maine Revised Statutes > Title 11 > Article 2-A > Part 1 – General Provisions
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Terms Used In Maine Revised Statutes > Title 11 > Article 2-A > Part 1 - General Provisions
- Ambulatory surgical facility: means a facility, not part of a hospital, that provides surgical treatment to patients not requiring hospitalization. See Maine Revised Statutes Title 22 Sec. 328
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Capital expenditure: means an expenditure, including a force account expenditure or predevelopment activities, that under generally accepted accounting principles is not properly chargeable as an expense of operation and maintenance and, for the purposes of this chapter, includes capitalized interest on borrowed funds and the fair market value of any property or equipment that is acquired under lease or comparable arrangement or by donation. See Maine Revised Statutes Title 22 Sec. 328
- Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Maine Revised Statutes Title 11 Sec. 2-1103
- Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Construction: when used in connection with "health care facility" means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328
- Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Maine Revised Statutes Title 11 Sec. 2-1103
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- cost: includes the fair market value. See Maine Revised Statutes Title 22 Sec. 328
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Development: when used in connection with health service, means the undertaking of those activities that on their completion will result in the offering of a new health service to the public. See Maine Revised Statutes Title 22 Sec. 328
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Expenditure minimum for annual operating costs: means , for services commenced after October 1, 1998, $400,000 for the 3rd fiscal year, including a partial first year. See Maine Revised Statutes Title 22 Sec. 328
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Finance lease: means a lease with respect to which: (i) The lessor does not select, manufacture or supply the goods;(ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and(iii) One of the following occurs:(A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;(B) The lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;(C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or(D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing: of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person; that the lessee is entitled under this Article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Maine Revised Statutes Title 11 Sec. 2-1103
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Goods: means all things that are movable at the time of identification to the lease contract including mobile homes, or are fixtures (section 2?1309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles or minerals or the like, including oil and gas, before extraction. See Maine Revised Statutes Title 11 Sec. 2-1103
- health care facility: means the establishment, erection, building, purchase or other acquisition of a health care facility. See Maine Revised Statutes Title 22 Sec. 328
- Health maintenance organization: means a public or private organization that:
A. See Maine Revised Statutes Title 22 Sec. 328- Health services: includes alcohol or drug dependence, substance use disorder and mental health services. See Maine Revised Statutes Title 22 Sec. 328
- Health status: means patient or population measures, or both, of good and poor health practices, rates of death and disease, both chronic and infectious, and the prevalence of symptoms or conditions, or both, of illness and wellness. See Maine Revised Statutes Title 22 Sec. 328
- Hospital: means an institution that primarily provides to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons or rehabilitation services for the rehabilitation of injured, disabled or sick persons. See Maine Revised Statutes Title 22 Sec. 328
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Institution: means a corporation, a joint-stock association, a business trust, a business partnership, a business joint venture or any other similar entity. See Maine Revised Statutes Title 24-A Sec. 1110
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Maine Revised Statutes Title 11 Sec. 2-1103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this Article. See Maine Revised Statutes Title 11 Sec. 2-1103
- Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Maine Revised Statutes Title 11 Sec. 2-1103
- Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Maine Revised Statutes Title 11 Sec. 2-1103
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Maine Revised Statutes Title 11 Sec. 2-1103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Maine Revised Statutes Title 11 Sec. 2-1103
- Major medical equipment: means a single unit of medical equipment or a single system of components with related functions used to provide medical and other health services that costs $3,200,000 or more. See Maine Revised Statutes Title 22 Sec. 328
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- New health service: means :
A. See Maine Revised Statutes Title 22 Sec. 328- Nursing facility: means any facility defined under section 1812?A. See Maine Revised Statutes Title 22 Sec. 328
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligations: includes bonds, debentures, notes or other evidences of indebtedness. See Maine Revised Statutes Title 24-A Sec. 1110
- Offer: when used in connection with "health services" means that the health care facility or health maintenance organization holds itself out as capable of providing or having the means to provide a health service. See Maine Revised Statutes Title 22 Sec. 328
- Person: means an individual; trust or estate; partnership; corporation, including associations, joint stock companies and insurance companies; the State or a political subdivision or instrumentality of the State, including a municipal corporation of the State; or any other legal entity recognized by state law. See Maine Revised Statutes Title 22 Sec. 328
- Person directly affected by a review: includes :
A. See Maine Revised Statutes Title 22 Sec. 328- Personal property: All property that is not real property.
- Project: means any acquisition, capital expenditure, new health service or change in a health service, predevelopment activity or other activity that requires a certificate of need under section 329. See Maine Revised Statutes Title 22 Sec. 328
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Replacement equipment: means a piece of capital equipment that replaces another piece of capital equipment that performs essentially the same functions as the replaced equipment. See Maine Revised Statutes Title 22 Sec. 328
- Statute: A law passed by a legislature.
- Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Maine Revised Statutes Title 11 Sec. 2-1103
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72