Maine Revised Statutes > Title 11 > Article 9-A > Part 4 – Rights of 3Rd Parties
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Terms Used In Maine Revised Statutes > Title 11 > Article 9-A > Part 4 - Rights of 3Rd Parties
- Account: includes health-care-insurance receivables. See Maine Revised Statutes Title 11 Sec. 9-1102
- Account debtor: means a person obligated on an account, chattel paper or general intangible. See Maine Revised Statutes Title 11 Sec. 9-1102
- Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 22 Sec. 2140
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Attending physician: means the physician who has primary responsibility for the care of a patient and the treatment of that patient's terminal disease. See Maine Revised Statutes Title 22 Sec. 2140
- 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
- Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods or a lease of specific goods and license of software used in the goods. See Maine Revised Statutes Title 11 Sec. 9-1102
- Collateral: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2142 Competent: means that, in the opinion of a court or in the opinion of the patient's attending physician or consulting physician, psychiatrist or psychologist, a patient has the ability to make and communicate an informed decision to health care providers, including communication through persons familiar with the patient's manner of communicating if those persons are available. See Maine Revised Statutes Title 22 Sec. 2140 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Consulting physician: means a physician who is qualified by specialty or experience to make a professional diagnosis and prognosis regarding a patient's disease. See Maine Revised Statutes Title 22 Sec. 2140 Consumer transaction: includes consumer-goods transactions. See Maine Revised Statutes Title 11 Sec. 9-1102 Contract: A legal written agreement that becomes binding when signed. Counseling: means one or more consultations between a state-licensed psychiatrist, state-licensed psychologist, state-licensed clinical social worker or state-licensed clinical professional counselor and a patient for the purpose of determining that the patient is competent and not suffering from a psychiatric or psychological disorder or depression causing impaired judgment. See Maine Revised Statutes Title 22 Sec. 2140 Debtor: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 2142 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Fraud: Intentional deception resulting in injury to another. General intangible: includes payment intangibles and software. See Maine Revised Statutes Title 11 Sec. 9-1102 Goods: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Health care provider: means :
(1) A person licensed, certified or otherwise authorized or permitted by law to administer health care services or dispense medication in the ordinary course of business or practice of a profession; or
(2) A health care facility. See Maine Revised Statutes Title 22 Sec. 2140health 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-care-insurance receivable: means an interest in or claim under a policy of insurance that is a right to payment of a monetary obligation for health-care goods or services provided or to be provided. See Maine Revised Statutes Title 11 Sec. 9-1102 home health care provider: includes any business entity or subdivision thereof, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services. See Maine Revised Statutes Title 22 Sec. 2142 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Informed decision: means a decision by a qualified patient to request and obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient's life in a humane and dignified manner that is based on an appreciation of the relevant facts and that is made after being fully informed by the attending physician of:
(1) The qualified patient's medical diagnosis;
(2) The qualified patient's prognosis;
(3) The potential risks associated with taking the medication to be prescribed;
(4) The probable result of taking the medication to be prescribed; and
(5) The feasible alternatives to taking the medication to be prescribed, including palliative care and comfort care, hospice care, pain control and disease-directed treatment options. See Maine Revised Statutes Title 22 Sec. 2140Instrument: means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease and is of a type that in the ordinary course of business is transferred by delivery with any necessary indorsement or assignment. See Maine Revised Statutes Title 11 Sec. 9-1102 insured: as used in this chapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits and rights provided therein. See Maine Revised Statutes Title 24-A Sec. 2731 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: 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 Letter-of-credit right: means a right to payment or performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. See Maine Revised Statutes Title 11 Sec. 9-1102 Lien: A claim against real or personal property in satisfaction of a debt. Medically confirmed: means the medical opinion of an attending physician has been confirmed by a consulting physician who has examined the patient and the patient's relevant medical records. See Maine Revised Statutes Title 22 Sec. 2140 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Notice: means a separate statement in writing advising of the prohibiting health care provider's policy with respect to participating in activities under this Act. See Maine Revised Statutes Title 22 Sec. 2140 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. Patient: means an adult who is under the care of a physician. See Maine Revised Statutes Title 22 Sec. 2140 Payment intangible: means a general intangible under which the account debtor's principal obligation is a monetary obligation. See Maine Revised Statutes Title 11 Sec. 9-1102 Physician: means a doctor of medicine or osteopathy licensed to practice medicine in this State. See Maine Revised Statutes Title 22 Sec. 2140 Proceeds: means the following property:
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Promissory note: means an instrument that evidences a promise to pay a monetary obligation, does not evidence an order to pay and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. See Maine Revised Statutes Title 11 Sec. 9-1102 Qualified patient: means a competent adult who is a resident of this State and who has satisfied the requirements of this Act in order to obtain a prescription for medication that the qualified patient may self-administer to end the qualified patient's life in a humane and dignified manner. See Maine Revised Statutes Title 22 Sec. 2140 Registered nurse educator: means a registered nurse licensed under Title 32, chapter 31 who provides postprescription training to a patient or caregiver in a patient's place of residence when the registered nurse educator does not provide health care services, does not deliver the prescription drug, does not touch the patient, does not administer the prescription drug to the patient and does not seek payment from the patient, caregiver or any health care payor. See Maine Revised Statutes Title 22 Sec. 2142 Secured party: means :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102Self-administer: means , for a qualified patient, to voluntarily ingest medication to end the qualified patient's life in a humane and dignified manner. See Maine Revised Statutes Title 22 Sec. 2140 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Statute: A law passed by a legislature. Terminal disease: means an incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months. See Maine Revised Statutes Title 22 Sec. 2140 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. 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