Terms Used In Maine Revised Statutes > Title 11 > Article 2 > Part 7 - Remedies

• Access to care: means the ability to obtain in a timely manner needed personal health services to achieve the best possible health outcomes balanced by the health system's resource limitations. See Maine Revised Statutes Title 22 Sec. 328
• Admitted assets: means assets recognized by the superintendent pursuant to section 901?A. See Maine Revised Statutes Title 24-A Sec. 1110
• Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
• Advisory council: means the Tobacco Prevention and Control Advisory Council. See Maine Revised Statutes Title 22 Sec. 271
• Aggregate amount of investments: means the aggregate value of those investments as determined in accordance with statutory accounting principles pursuant to section 901?A and any rules adopted under that section. See Maine Revised Statutes Title 24-A Sec. 1110
• 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
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Bureau: means the Bureau of Health. See Maine Revised Statutes Title 22 Sec. 271
• Buyer: means a person who buys or contracts to buy goods. See Maine Revised Statutes Title 11 Sec. 2-103
• 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Maine Revised Statutes Title 11 Sec. 2-106
• 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.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
• Dependent: A person dependent for support upon another.
• 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
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Fixed charges: includes interest on funded and unfunded debt and amortization of debt discount, but in the case of a bank or trust company, interest paid by that institution upon any deposit or any certificate or other evidence of a deposit may not be deemed a fixed charge of such an institution. See Maine Revised Statutes Title 24-A Sec. 1110
• Fraud: Intentional deception resulting in injury to another.
• Generally accepted accounting principles: means accounting principles approved by the American Institute of Certified Public Accountants or a successor organization. See Maine Revised Statutes Title 22 Sec. 328
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• 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 insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704
• Health maintenance organization: means a public or private organization that: