Rhode Island General Laws 23-17.11-10. Lien
The state shall have a lien for reasonable costs incurred pursuant to this chapter on the following property: the building in which the facility is located if owned by a controlling person; the land on which the facility is located if owned by a controlling person; and any fixtures, equipment or goods used in the operation of the facility if owned by a controlling person. Such lien shall be prior to any mortgage or lien which the court finds has been executed or obtained for a fraudulent purpose or to hinder or delay creditors. Such lien shall also be prior to a mortgage or lien held by any person with an ownership interest in the nursing facility; or held by any controlling person.
History of Section.
P.L. 2005, ch. 159, § 3; P.L. 2005, ch. 226, § 3.
Terms Used In Rhode Island General Laws 23-17.11-10
- Controlling person: means any person or entity in control of a nursing facility directly or indirectly, including:
(i) In the case of a corporation or a limited liability company, or limited liability partnership, a person having a beneficial ownership interest of five percent (5%) or more in the corporation, limited liability company or limited liability partnership to which the facility is licensed;
(ii) In the case of a general partnership or limited partnership, any general partner;
(iii) In the case of a limited liability company, or limited liability partnership any member;
(iv) A legal entity that operates or contracts with another person for the operation of a nursing facility or an owner thereof;
(v) Each of the president, vice president, secretary and treasurer of a corporation that is not exempt from taxation under § 501(a) of the United States Internal Revenue Code as an organization described in § 501(c)(3) of such code; and
(vi) Such other ownership interest or relationship as may be determined by the director. See Rhode Island General Laws 23-17.11-3
- Facility: means any nursing facilities as defined in chapter 17 of this title and the regulations adopted under chapter 17 of this title. See Rhode Island General Laws 23-17.11-3
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means any individual, trust or estate, partnership, limited liability company, limited liability partnership, corporation (including associations, joint stock companies and insurance companies), state or political subdivision or instrumentality of a state. See Rhode Island General Laws 23-17.11-3