Utah Code > Title 26B > Chapter 3 – Health Care – Administration and Assistance

		Sections
Part 1	Health Care Assistance	26B-3-101 – 26B-3-141
Part 2	Medicaid Waivers	26B-3-201 – 26B-3-230
Part 3	Administration of Medicaid Programs: Drug Utilization Review and Long Term Care Facility Certification	26B-3-301 – 26B-3-313
Part 4	Nursing Care Facility Assessment	26B-3-401 – 26B-3-406
Part 5	Inpatient Hospital Assessment	26B-3-501 – 26B-3-512
Part 6	Medicaid Expansion Hospital Assessment	26B-3-601 – 26B-3-612
Part 8	Ambulance Service Provider Assessment	26B-3-801 – 26B-3-806
Part 9	Utah Children’s Health Insurance Program	26B-3-901 – 26B-3-910
Part 10	Medical Benefits Recovery	26B-3-1001 – 26B-3-1028
Part 11	Utah False Claims Act	26B-3-1101 – 26B-3-1115

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Terms Used In Utah Code > Title 26B > Chapter 3 - Health Care - Administration and Assistance

Adjudicative proceeding: means :
(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agency: means :
(1)(a) a department, division, agency, commission, board, council, committee, authority, political subdivision, or other instrumentality of the state or of a political subdivision of the state whether one or more; and
(1)(b) any other person whose use of the power of eminent domain results in a person becoming a displaced person. See Utah Code 57-12-3
Ambulance service provider: means :
(1)(a) an ambulance provider as defined in Section 26B-4-101; or
(1)(b) a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amenities: means the following physical, recreational or social facilities located at a mobile home park:
     (1)(a) a club house;
     (1)(b) a park;
     (1)(c) a playground;
     (1)(d) a swimming pool;
     (1)(e) a hot tub;
     (1)(f) a tennis court; or
     (1)(g) a basketball court. See Utah Code 57-16-3
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.
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.
Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Appurtenant easement: means an easement tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
Articles of incorporation: include :
     (4)(a) amended and restated articles of incorporation;
     (4)(b) articles of merger; and
     (4)(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
Assessment: means any charge imposed by the association, including:
(1)(a) common expenses on or against a unit owner pursuant to the provisions of the declaration, bylaws, or this chapter; and
(1)(b) an amount that an association of unit owners assesses to a unit owner under Subsection 57-8-43(9)(g). See Utah Code 57-8-3
Assessment: includes :
(1)(b)(i) a common expense; and
(1)(b)(ii) an amount assessed against a lot owner under Subsection 57-8a-405(7). See Utah Code 57-8a-102
Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501
Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601
Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
association: means all of the unit owners:
(2)(a) acting as a group in accordance with the declaration and bylaws; or
(2)(b) organized as a legal entity in accordance with the declaration. See Utah Code 57-8-3
association: means a corporation or other legal entity, any member of which:
          (2)(a)(i) is an owner of a residential lot located within the jurisdiction of the association, as described in the governing documents; and
          (2)(a)(ii) by virtue of membership or ownership of a residential lot is obligated to pay:
               (2)(a)(ii)(A) real property taxes;
               (2)(a)(ii)(B) insurance premiums;
               (2)(a)(ii)(C) maintenance costs; or
               (2)(a)(ii)(D) for improvement of real property not owned by the member. See Utah Code 57-8a-102
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.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
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}
Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 26B-3-1101
board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102
Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
Board meeting: means a gathering of a board, whether in person or by means of electronic communication, at which the board can take binding action. See Utah Code 57-8a-102
Building: means a building, containing units, and comprising a part of the property. See Utah Code 57-8-3
Business: means any lawful activity, excepting a farm operation, conducted primarily:
     (2)(a) for the purchase, sale, lease, or rental of personal or real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;
     (2)(b) for the sale of services to the public;
     (2)(c) by a nonprofit organization; or
     (2)(d) for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted. See Utah Code 57-12-3
Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102
Care facility: means :
     (2)(a) a nursing facility;
     (2)(b) an intermediate care facility for an individual with an intellectual disability; or
     (2)(c) any other medical institution. See Utah Code 26B-3-1001
Certified copy: means a copy of a document certified by its custodian to be a true and correct copy of the document or the copy of the document maintained by the custodian, where the document or copy is maintained under the authority of the United States, the state of Utah or any of its political subdivisions, another state, a court of record, a foreign government, or an Indian tribe. See Utah Code 57-1-1
Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301
Charge: means the admission price or fee asked in return for permission to enter or go upon the land. See Utah Code 57-14-102
Charging system: means a device that is:
(1)(a) used to provide electricity to an electric or hybrid electric vehicle; and
(1)(b) designed to ensure a safe connection between the electric grid and the vehicle. See Utah Code 57-8a-801
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Child: means an individual who is 16 years old or younger. See Utah Code 57-14-102
Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Claim: means :
(3)(a) a request or demand for payment; or
(3)(b) a cause of action for money or damages arising under any law. See Utah Code 26B-3-1001
Claim: means any request or demand for money or property:
     (2)(a) made to any:
          (2)(a)(i) employee, officer, or agent of the state;
          (2)(a)(ii) contractor with the state; or
          (2)(a)(iii) grantee or other recipient, whether or not under contract with the state; and
     (2)(b) if:
          (2)(b)(i) any portion of the money or property requested or demanded was issued from or provided by the state; or
          (2)(b)(ii) the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 26B-3-1101
CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101
CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501
CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601
Commercial condominium project: means a condominium project that has no residential units within the project. See Utah Code 57-8-3
Common areas: means property that the association:
     (5)(a) owns;
     (5)(b) maintains;
     (5)(c) repairs; or
     (5)(d) administers. See Utah Code 57-8a-102
Common expense: means costs incurred by the association to exercise any of the powers provided for in the association's governing documents. See Utah Code 57-8a-102
Common expenses: means :
     (6)(a) all sums lawfully assessed against the unit owners;
     (6)(b) expenses of administration, maintenance, repair, or replacement of the common areas and facilities;
     (6)(c) expenses agreed upon as common expenses by the association of unit owners; and
     (6)(d) expenses declared common expenses by this chapter, or by the declaration or the bylaws. See Utah Code 57-8-3
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Common-interest community: means :
     (2)(a) an association of unit owners, as defined in Section 57-8-3;
     (2)(b) an association, as defined in Section 57-8a-102; or
     (2)(c) a cooperative, as defined in Section 57-23-2. See Utah Code 57-13c-101
Compendia: means resources widely accepted by the medical profession in the efficacious use of drugs, including "American Hospital Formulary Service Drug Information" "U. See Utah Code 26B-3-301
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Condominium: means the ownership of a single unit in a multiunit project together with an undivided interest in common in the common areas and facilities of the property. See Utah Code 57-8-3
Condominium plat: means a plat or plats of survey of land and units prepared in accordance with Section 57-8-13. See Utah Code 57-8-3
Condominium project: means a real estate condominium project; a plan or project whereby two or more units, whether contained in existing or proposed apartments, commercial or industrial buildings or structures, or otherwise, are separately offered or proposed to be offered for sale. See Utah Code 57-8-3
Condominium unit: means a unit together with the undivided interest in the common areas and facilities appertaining to that unit. See Utah Code 57-8-3
Conservation easement: means a nonpossessory property interest created for one or more of the following conservation purposes:
     (3)(a) retaining or protecting the natural, scenic, wildlife, wildlife-habitat, biological, ecological, or open-space values of real property;
     (3)(b) ensuring the availability of real property for agricultural, forest, outdoor-recreational, or open-space uses;
     (3)(c) protecting natural resources, including wetlands, grasslands, and riparian areas;
     (3)(d) maintaining or enhancing air or water quality;
     (3)(e) preserving the historical, architectural, archeological, paleontological, or cultural aspects of real property; or
     (3)(f) any other purpose under Chapter 18, Land Conservation Easement Act. See Utah Code 57-13c-101
Contract: A legal written agreement that becomes binding when signed.
Contractible condominium: means a condominium project from which one or more portions of the land within the project may be withdrawn in accordance with provisions of the declaration and of this chapter. See Utah Code 57-8-3
Convertible land: means a building site which is a portion of the common areas and facilities, described by metes and bounds, within which additional units or limited common areas and facilities may be created in accordance with this chapter. See Utah Code 57-8-3
Convertible space: means a portion of the structure within the condominium project, which portion may be converted into one or more units or common areas and facilities, including limited common areas and facilities in accordance with this chapter. See Utah Code 57-8-3
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.
Counseling: means the activities conducted by a pharmacist to inform Medicaid recipients about the proper use of drugs, as required by the board under this part. See Utah Code 26B-3-301
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Criteria: means those predetermined and explicitly accepted elements used to measure drug use on an ongoing basis in order to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes. See Utah Code 26B-3-301
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Decedent: A deceased person.
Declarant: means all persons who execute the declaration or on whose behalf the declaration is executed. See Utah Code 57-8-3
Declaration: means the instrument by which the property is submitted to the provisions of this act, as it from time to time may be lawfully amended. See Utah Code 57-8-3
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102
Department of Transportation: means the Department of Transportation created in Section 72-1-201. See Utah Code 57-12-3
Dependent: A person dependent for support upon another.
Director: means a member of the board of directors. See Utah Code 57-8a-102
Discharges: means the number of total hospital discharges reported on:
(3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
(3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-501
Discharges: means the number of total hospital discharges reported on:
(3)(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
(3)(b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26B-3-601
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:
Displaced person: means any person who, after the effective date of this chapter, moves from real property, or who moves the person's personal property from real property, or moves or discontinues the person's business or moves the person's dwelling as a result of the acquisition of the real property, in whole or in part, or as a result of a written order of the acquiring agency to vacate real property for a program of purchase undertaken by an agency or as a direct result of code enforcement activities or a program of rehabilitation of buildings conducted pursuant to a federal or state assisted program. See Utah Code 57-12-3
Disposition: includes sale, lease, assignment, award by lottery, or any other transaction concerning a subdivision, if undertaken for gain or profit. See Utah Code 57-11-2
Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-11-2
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501
Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601
Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-801
Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
Dominant estate: means an estate or interest in real property benefitted by an appurtenant easement. See Utah Code 57-13c-101
Drug-disease contraindications: means that the therapeutic effect of a drug is adversely altered by the presence of another disease condition. See Utah Code 26B-3-301
DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301
Easement: means a nonpossessory property interest that:
(5)(a) provides a right to enter, use, or enjoy real property owned by or in the possession of another; and
(5)(b) imposes on the owner or possessor a duty not to interfere with the entry, use, or enjoyment permitted by the instrument creating the easement or, in the case of an easement not established by express grant or reservation, the entry, use, or enjoyment authorized by law. See Utah Code 57-13c-101
Easement holder: means :
(6)(a) in the case of an appurtenant easement, the dominant estate owner; or
(6)(b) in the case of an easement in gross, a public-entity easement, a public-utility easement, a conservation easement, or a negative easement, the grantee of the easement or a successor. See Utah Code 57-13c-101
Easement in gross: means an easement not tied to, or dependent on, ownership or occupancy of a unit or a parcel of real property. See Utah Code 57-13c-101
Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
Electrical corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102
Employee welfare benefit plan: means a medical insurance plan developed by an employer under Utah Code 26B-3-1001
Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26B-3-211. See Utah Code 26B-3-501
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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.
Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
Expandable condominium: means a condominium project to which additional land or an interest in it may be added in accordance with the declaration and this chapter. See Utah Code 57-8-3
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.
false representation: means a wholly or partially untrue statement or representation which is:
(3)(a) knowingly made; and
(3)(b) a material fact with respect to the claim. See Utah Code 26B-3-1101
Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Utah Code 57-12-3
Federal act: means the federal Interstate Land Sales Full Disclosure Act, Utah Code 57-11-2
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fees: means other charges incidental to a resident's tenancy including, but not limited to, late fees, charges for pets, charges for storage of recreational vehicles, charges for the use of park facilities, and security deposits. See Utah Code 57-16-3
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}
Fraud: Intentional deception resulting in injury to another.
Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8-3
Gas corporation: means the same as that term is defined in Section 54-2-1. See Utah Code 57-8a-102
General electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801
Governing documents: includes :
          (11)(b)(i) articles of incorporation;
          (11)(b)(ii) bylaws;
          (11)(b)(iii) a plat;
          (11)(b)(iv) a declaration of covenants, conditions, and restrictions; and
          (11)(b)(v) rules of the association. See Utah Code 57-8a-102
Grantor: The person who establishes a trust and places property into it.
Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101
Health coverage improvement program: means the health coverage improvement program described in Section 26B-3-207. See Utah Code 26B-3-501
Health insurance entity: means :
     (5)(a) an insurer;
     (5)(b) a person who administers, manages, provides, offers, sells, carries, or underwrites health insurance, as defined in Section 31A-1-301;
     (5)(c) a self-insured plan;
     (5)(d) a group health plan, as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
     (5)(e) a service benefit plan;
     (5)(f) a managed care organization;
     (5)(g) a pharmacy benefit manager;
     (5)(h) an employee welfare benefit plan; or
     (5)(i) a person who is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. See Utah Code 26B-3-1001
Highway: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
historical livestock trail: means property over which livestock has historically traveled to or from a grazing area or market. See Utah Code 57-13b-102
Hospital share: means the hospital share described in Section 26B-3-505. See Utah Code 26B-3-501
Hospital share: means the hospital share described in Section 26B-3-605. See Utah Code 26B-3-601
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Independent third party: means a person that:
     (21)(a) is not related to the unit owner;
     (21)(b) shares no pecuniary interests with the unit owner; and
     (21)(c) purchases the unit in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8-3
Independent third party: means a person that:
     (12)(a) is not related to the owner of the residential lot;
     (12)(b) shares no pecuniary interests with the owner of the residential lot; and
     (12)(c) purchases the residential lot in good faith and without the intent to defraud a current or future lienholder. See Utah Code 57-8a-102
Individual: means :
     (22)(a) a natural person;
     (22)(b) the estate of an incompetent individual; or
     (22)(c) the estate of a deceased individual. See Utah Code 16-10a-102
Industrial park: means a subdivision or subdivided lands offered as a part of a common promotional plan of advertising and sale zoned for office, manufacturing, warehousing, commercial, industrial, distribution, or wholesale use and utilized for one or more of those purposes. See Utah Code 57-11-2
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001
Insurer: includes :
     (7)(a) a group health plan as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;
     (7)(b) a health maintenance organization; and
     (7)(c) any entity offering a health service benefit plan. See Utah Code 26B-3-1001
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Intellectual disability: means a significant, subaverage general intellectual functioning that:
(16)(a) exists concurrently with deficits in adaptive behavior; and
(16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
Inter vivos: Transfer of property from one living person to another living person.
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}
Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
Intervention: means a form of communication utilized by the board with a prescriber or pharmacist to inform about or influence prescribing or dispensing practices. See Utah Code 26B-3-301
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Judicial foreclosure: means a foreclosure of a unit:
     (22)(a) for the nonpayment of an assessment;
     (22)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
     (22)(c) as provided in this chapter. See Utah Code 57-8-3
Judicial foreclosure: means a foreclosure of a lot:
     (13)(a) for the nonpayment of an assessment;
     (13)(b) in the manner provided by law for the foreclosure of a mortgage on real property; and
     (13)(c) as provided in Part 3, Collection of Assessments. See Utah Code 57-8a-102
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.
Land: includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Utah Code 57-14-102
Land: includes :
     (18)(a) land;
     (18)(b) a tenement;
     (18)(c) a hereditament;
     (18)(d) a water right;
     (18)(e) a possessory right; and
     (18)(f) a claim. See Utah Code 68-3-12.5
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
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}
Leasehold condominium: means a condominium project in all or any portion of which each unit owner owns an estate for years in his unit, or in the land upon which that unit is situated, or both, with all those leasehold interests to expire naturally at the same time. See Utah Code 57-8-3
leasing: means regular, exclusive occupancy of a lot:
(14)(a) by a person or persons other than the owner; and
(14)(b) for which the owner receives a consideration or benefit, including a fee, service, gratuity, or emolument. See Utah Code 57-8a-102
Lessee of record: means a person holding a lessee's interest under a recorded lease or memorandum of lease. See Utah Code 57-13c-101
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Limited common areas: means common areas described in the declaration and allocated for the exclusive use of one or more lot owners. See Utah Code 57-8a-102
Limited common areas and facilities: means those common areas and facilities designated in the declaration as reserved for use of a certain unit or units to the exclusion of the other units. See Utah Code 57-8-3
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lot: means :
     (16)(a) a lot, parcel, plot, or other division of land:
          (16)(a)(i) designated for separate ownership or occupancy; and
          (16)(a)(ii)
               (16)(a)(ii)(A) shown on a recorded subdivision plat; or
               (16)(a)(ii)(B) the boundaries of which are described in a recorded governing document; or
     (16)(b)
          (16)(b)(i) a unit in a condominium association if the condominium association is a part of a development; or
          (16)(b)(ii) a unit in a real estate cooperative if the real estate cooperative is part of a development. See Utah Code 57-8a-102
Management committee: means the committee as provided in the declaration charged with and having the responsibility and authority to make and to enforce all of the reasonable rules covering the operation and maintenance of the property. See Utah Code 57-8-3
Management committee meeting: means a gathering of a management committee, whether in person or by means of electronic communication, at which the management committee can take binding action. See Utah Code 57-8-3
Means of electronic communication: includes :
          (28)(b)(i) web conferencing;
          (28)(b)(ii) video conferencing; and
          (28)(b)(iii) telephone conferencing. See Utah Code 57-8-3
Means of electronic communication: includes :
          (17)(b)(i) web conferencing;
          (17)(b)(ii) video conferencing; and
          (17)(b)(iii) telephone conferencing. See Utah Code 57-8a-102
Medicaid ACA Fund: means the Medicaid ACA Fund created in Section 26B-1-315. See Utah Code 26B-3-601
Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-501
Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-601
Medicaid certification: means the right of a nursing care facility, as a provider of a nursing care facility program, to receive Medicaid reimbursement for a specified number of beds within the facility. See Utah Code 26B-3-301
Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
Medicaid waiver expansion: means a Medicaid expansion in accordance with Section 26B-3-113 or 26B-3-210. See Utah Code 26B-3-501
Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101
Medical assistance: means :
(8)(a) all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and
(8)(b) any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001
Medical benefit: means a benefit paid or payable to:
     (6)(a) a health care provider; or
     (6)(b) a recipient or a provider under a program administered by the state under:
          (6)(b)(i) Titles V and XIX of the federal Social Security Act;
          (6)(b)(ii) Title X of the federal Public Health Services Act;
          (6)(b)(iii) the federal Child Nutrition Act of 1966 as amended by Pub. See Utah Code 26B-3-1101
Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-501
Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-601
member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
Member: means a child enrolled in the program. See Utah Code 26B-3-901
Mixed-use condominium project: means a condominium project that has both residential and commercial units in the condominium project. See Utah Code 57-8-3
Mixed-use project: means a project under this chapter that has both residential and commercial lots in the project. See Utah Code 57-8a-102
Mobile home: means a transportable structure in one or more sections with the plumbing, heating, and electrical systems contained within the unit, which when erected on a site, may be used with or without a permanent foundation as a family dwelling. See Utah Code 57-16-3
Mobile home park: means any tract of land on which two or more mobile home spaces are leased, or offered for lease or rent, to accommodate mobile homes for residential purposes. See Utah Code 57-16-3
Mobile home space: means a specific area of land within a mobile home park designed to accommodate one mobile home. See Utah Code 57-16-3
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
Negative easement: means a nonpossessory property interest whose primary purpose is to impose on a servient estate owner a duty not to engage in a specified use of the estate. See Utah Code 57-13c-101
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Non-federal portion: means the non-federal share the division needs to seed amounts that will support fee-for-service ambulance service provider rates, as described in Section 26B-3-804. See Utah Code 26B-3-801
Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-501
Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-601
Nonjudicial foreclosure: means the sale of a unit:
     (30)(a) for the nonpayment of an assessment;
     (30)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
     (30)(c) as provided in this chapter. See Utah Code 57-8-3
Nonjudicial foreclosure: means the sale of a lot:
     (19)(a) for the nonpayment of an assessment;
     (19)(b) in the same manner as the sale of trust property under Sections 57-1-19 through 57-1-34; and
     (19)(c) as provided in Part 3, Collection of Assessments. See Utah Code 57-8a-102
Nonprofit organization: means all corporations, societies, and associations whose object is not pecuniary profit, but is to promote the general interest and welfare of the members, whether temporal, social, or spiritual. See Utah Code 57-12-3
Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
Nursing care facility: means the following facilities licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection:
          (12)(a)(i) skilled nursing facilities;
          (12)(a)(ii) intermediate care facilities; and
          (12)(a)(iii) an intermediate care facility for people with an intellectual disability. See Utah Code 26B-3-301
Nursing care facility: means :
          (1)(a)(i) a nursing care facility as defined in Section 26B-2-201;
          (1)(a)(ii) a designated swing bed in:
               (1)(a)(ii)(A) a general acute hospital as defined in Section 26B-2-201; and
               (1)(a)(ii)(B) a critical access hospital which meets the criteria of Utah Code 26B-3-401
Nursing care facility program: means the personnel, licenses, services, contracts, and all other requirements that shall be met for a nursing care facility to be eligible for Medicaid certification under this part and division rule. See Utah Code 26B-3-301
Oath: A promise to tell the truth.
Oath: includes "affirmation. See Utah Code 68-3-12.5
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.
Offer: includes an inducement, solicitation, or attempt to encourage a person to acquire an interest in land if undertaken for gain or profit. See Utah Code 57-11-2
Office of Recovery Services: means the Office of Recovery Services within the department. See Utah Code 26B-3-1001
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the possessor of any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land. See Utah Code 57-14-102
Par value: means a number of dollars or points assigned to each unit by the declaration. See Utah Code 57-8-3
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101
Patient day: means each calendar day in which an individual patient is admitted to the nursing care facility during a calendar month, even if on a temporary leave of absence from the facility. See Utah Code 26B-3-401
Period of administrative control: means the period of control described in Subsection Utah Code 57-8-3
Period of administrative control: means the period during which the person who filed the association's governing documents or the person's successor in interest retains authority to:
(20)(a) appoint or remove members of the association's board of directors; or
(20)(b) exercise power or authority assigned to the association under the association's governing documents. See Utah Code 57-8a-102
Person: means an individual, corporation, partnership, association, trustee, or other legal entity. See Utah Code 57-8-3
Person: includes :
     (6)(a) a business trust;
     (6)(b) an estate;
     (6)(c) a trust;
     (6)(d) a partnership;
     (6)(e) an unincorporated association;
     (6)(f) two or more of any entity having a joint or common interest; or
     (6)(g) any other legal or commercial entity. See Utah Code 57-11-2
Person: means any individual, partnership, corporation, or association. See Utah Code 57-12-3
Person: means an individual, an estate, a business or a nonprofit entity, a public corporation, a government or governmental subdivision, an agency, or an instrumentality, or other legal entity. See Utah Code 57-13c-101
Person: includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes. See Utah Code 57-14-102
Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101
Person: means :
     (24)(a) an individual;
     (24)(b) an association;
     (24)(c) an institution;
     (24)(d) a corporation;
     (24)(e) a company;
     (24)(f) a trust;
     (24)(g) a limited liability company;
     (24)(h) a partnership;
     (24)(i) a political subdivision;
     (24)(j) a government office, department, division, bureau, or other body of government; and
     (24)(k) any other organization or entity. See Utah Code 68-3-12.5
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Pharmacist: means a person licensed in this state to engage in the practice of pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act. See Utah Code 26B-3-301
Physical facility: means the buildings or other physical structures where a nursing care facility program is operated. See Utah Code 26B-3-301
Physician: means a person licensed in this state to practice medicine and surgery under Section 58-67-301 or osteopathic medicine under Section 58-68-301. See Utah Code 26B-3-301
Plaintiff: The person who files the complaint in a civil lawsuit.
Plan: means the department's plan submitted to the United States Department of Health and Human Services pursuant to Utah Code 26B-3-901
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Pole barn: includes any building or structure that met the definition of a pole barn in Subsection (9)(a) at any time in the five years preceding the proposed acquisition. See Utah Code 57-12-3
Political sign: means any sign or document that advocates:
(21)(a) the election or defeat of a candidate for public office; or
(21)(b) the approval or defeat of a ballot proposition. See Utah Code 57-8a-102
PPACA: means the same as that term is defined in Section 31A-1-301. See Utah Code 26B-3-101
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Private hospital: means :
          (12)(a)(i) a general acute hospital, as defined in Section 26B-2-201, that is privately owned and operating in the state; and
          (12)(a)(ii) a privately owned specialty hospital operating in the state, including a privately owned hospital whose inpatient admissions are predominantly for:
               (12)(a)(ii)(A) rehabilitation;
               (12)(a)(ii)(B) psychiatric care;
               (12)(a)(ii)(C) chemical dependency services; or
               (12)(a)(ii)(D) long-term acute care services. See Utah Code 26B-3-501
Private hospital: means :
          (11)(a)(i) a privately owned general acute hospital operating in the state as defined in Section 26B-2-201; or
          (11)(a)(ii) a privately owned specialty hospital operating in the state, including a privately owned hospital for which inpatient admissions are predominantly:
               (11)(a)(ii)(A) rehabilitation;
               (11)(a)(ii)(B) psychiatric;
               (11)(a)(ii)(C) chemical dependency; or
               (11)(a)(ii)(D) long-term acute care services. See Utah Code 26B-3-601
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Program: means the Utah Children's Health Insurance Program created by this part. See Utah Code 26B-3-901
Property: means the land, whether leasehold or in fee simple, the building, if any, all improvements and structures thereon, all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith. See Utah Code 57-8-3
Property: includes both real and personal property. See Utah Code 68-3-12.5
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Protected area: means the same as that term is defined in Section Utah Code 57-8a-102
Provider: means a person or entity who provides services to a recipient. See Utah Code 26B-3-1001
Public entity: means :
     (12)(a) the United States;
     (12)(b) an agency of the United States;
     (12)(c) the state;
     (12)(d) a political subdivision of the state; or
     (12)(e) an agency of the state or a political subdivision of the state. See Utah Code 57-13c-101
Public transit facility: means the same as that term is defined in Section 72-1-102. See Utah Code 57-13c-101
Public utility: means the same as that term is defined in Section 54-2-1. See Utah Code 57-13c-101
Public utility: means an entity that provides electrical or gas service, including a:
(7)(a) public utility as defined in Title 54, Chapter 2, General Provisions; or
(7)(b) municipality as defined in Title 10, Utah Municipal Code. See Utah Code 57-16-3
Public-entity easement: means a nonpossessory property interest in which the easement holder is a public entity. See Utah Code 57-13c-101
Public-utility easement: includes :
          (15)(b)(i) an easement benefitting an intrastate utility, an interstate utility, or a utility cooperative;
          (15)(b)(ii) a protected utility easement as defined in Section 54-3-27; and
          (15)(b)(iii) a public utility easement as defined in Section 54-3-27. See Utah Code 57-13c-101
Purchaser: means a person who acquires or attempts to acquire or succeeds to an interest in land. See Utah Code 57-11-2
Quorum: The number of legislators that must be present to do business.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property: includes :
(17)(b)(i) the interest of a lessor and lessee; and
(17)(b)(ii) an interest in a common-interest community, unless the interest is personal property under Chapter 23, Real Estate Cooperative Marketing Act. See Utah Code 57-13c-101
real property: includes :
     (31)(a) land;
     (31)(b) a tenement;
     (31)(c) a hereditament;
     (31)(d) a water right;
     (31)(e) a possessory right; and
     (31)(f) a claim. See Utah Code 68-3-12.5
reasonably available: means available using typical insurance carriers and markets, irrespective of the ability of the association to pay. See Utah Code 57-8a-401
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:
     (28)(a) the corporation at its:
          (28)(a)(i) registered office in this state; or
          (28)(a)(ii) principal office;
     (28)(b) the secretary of the corporation, wherever the secretary is found; or
     (28)(c) another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102
Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
Recipient: means :
     (11)(a) an individual who has applied for or received medical assistance from the state;
     (11)(b) the guardian, conservator, or other personal representative of an individual under Subsection (11)(a) if the individual is a minor or an incapacitated person; or
     (11)(c) the estate and survivors of an individual under Subsection (11)(a), if the individual is deceased. See Utah Code 26B-3-1001
Recovery estate: means , regarding a deceased recipient:
     (12)(a) all real and personal property or other assets included within a decedent's estate as defined in Section 75-1-201;
     (12)(b) the decedent's augmented estate as defined in Section 75-2-203; and
     (12)(c) that part of other real or personal property in which the decedent had a legal interest at the time of death including assets conveyed to a survivor, heir, or assign of the decedent through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement. See Utah Code 26B-3-1001
Recreational purpose: includes any of the following or any combination of the following:
     (6)(a) hunting;
     (6)(b) fishing;
     (6)(c) swimming;
     (6)(d) skiing;
     (6)(e) snowshoeing;
     (6)(f) camping;
     (6)(g) picnicking;
     (6)(h) hiking;
     (6)(i) studying nature;
     (6)(j) waterskiing;
     (6)(k) engaging in water sports;
     (6)(l) engaging in equestrian activities;
     (6)(m) using boats;
     (6)(n) mountain biking;
     (6)(o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;
     (6)(p) using off-highway vehicles or recreational vehicles;
     (6)(q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
     (6)(r) aircraft operations;
     (6)(s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating;
     (6)(t) rock climbing; or
     (6)(u) any other similar activity or combination of similar activities. See Utah Code 57-14-102
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.
Rent: means charges paid for the privilege of occupying a mobile home space, and may include service charges and fees. See Utah Code 57-16-3
rental lot: means :
     (23)(a) a lot that:
          (23)(a)(i) is not owned by an entity or trust; and
          (23)(a)(ii) is occupied by an individual while the lot owner is not occupying the lot as the lot owner's primary residence;
     (23)(b) an occupied lot owned by an entity or trust, regardless of who occupies the lot; or
     (23)(c) an internal accessory dwelling unit as defined in Section 10-9a-530 or 17-27a-526. See Utah Code 57-8a-102
rental unit: means :
     (38)(a) a unit that:
          (38)(a)(i) is not owned by an entity or trust; and
          (38)(a)(ii) is occupied by an individual while the unit owner is not occupying the unit as the unit owner's primary residence; or
     (38)(b) an occupied unit owned by an entity or trust, regardless of who occupies the unit. See Utah Code 57-8-3
Resident: means an individual who leases or rents space in a mobile home park. See Utah Code 57-16-3
Residential electrical contractor: means the same as that term is defined in Section 58-55-102. See Utah Code 57-8a-801
Residential lot: means a lot, the use of which is limited by law, covenant, or otherwise to primarily residential or recreational purposes. See Utah Code 57-8a-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Rule: means a policy, guideline, restriction, procedure, or regulation of an association that:
          (25)(a)(i) is not set forth in a contract, easement, article of incorporation, bylaw, or declaration; and
          (25)(a)(ii) governs:
               (25)(a)(ii)(A) the conduct of persons; or
               (25)(a)(ii)(B) the use, quality, type, design, or appearance of real property or personal property. See Utah Code 57-8a-102
Rural county: means a county with a population of less than 50,000, as determined by:
(20)(a) the most recent official census or census estimate of the United States Bureau of the Census; or
(20)(b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (20)(a). See Utah Code 26B-3-301
Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:
     (32)(a) the preparation and maintenance of:
          (32)(a)(i) minutes of the meetings of the board of directors and of the shareholders; and
          (32)(a)(ii) the other records and information required to be kept by the corporation by Section 16-10a-830; and
     (32)(b) authenticating records of the corporation. See Utah Code 16-10a-102
Security instrument: includes :
          (19)(b)(i) a security instrument that also creates or provides for a security interest in personal property;
          (19)(b)(ii) a modification or amendment of a security instrument; and
          (19)(b)(iii) a record creating a lien on real property to secure an obligation under a covenant running with the real property or owed by a unit owner in a common-interest community. See Utah Code 57-13c-101
Security-interest holder of record: means a person holding an interest in real property created by a recorded security instrument. See Utah Code 57-13c-101
Serious physical injury: means any physical injury or set of physical injuries that:
(7)(a) seriously impairs a person's health;
(7)(b) was caused by use of a dangerous weapon as defined in Section Utah Code 57-14-102
Service charges: means separate charges paid for the use of electrical and gas service improvements which exist at a mobile home space, or for trash removal, sewage and water, or any combination of the above. See Utah Code 57-16-3
Service of process: The service of writs or summonses to the appropriate party.
Servient estate: means an estate or interest in real property that is burdened by an easement. See Utah Code 57-13c-101
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.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Sex offender: means the same as that term is defined in Section Utah Code 57-8a-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Size: means the number of cubic feet, or the number of square feet of ground or floor space, within each unit as computed by reference to the record of survey map and rounded off to a whole number. See Utah Code 57-8-3
Solar energy system: means :
(27)(a) a system that is used to produce electric energy from sunlight; and
(27)(b) the components of the system described in Subsection (27)(a). See Utah Code 57-8a-102
Standards: means the acceptable range of deviation from the criteria that reflects local medical practice and that is tested on the Medicaid recipient database. See Utah Code 26B-3-301
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
State plan: means the state Medicaid program as enacted in accordance with Title XIX, federal Social Security Act. See Utah Code 26B-3-1001
State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-501
State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-601
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
subdivided lands: means land that is divided or is proposed to be divided for the purpose of disposition into 10 or more units including land, whether contiguous or not, if 10 or more units are offered as a part of a common promotional plan of advertising and sale. See Utah Code 57-11-2
Subdivider: means :
(9)(a) an owner of an interest in subdivided lands who offers the subdivided lands for disposition; or
(9)(b) a principal agent of an owner of an interest in subdivided lands if the owner is inactive. See Utah Code 57-11-2
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
SURS: means the Surveillance Utilization Review System of the Medicaid program. See Utah Code 26B-3-301
TEFRA lien: means a lien, authorized under the Tax Equity and Fiscal Responsibility Act of 1982, against the real property of an individual prior to the individual's death, as described in Utah Code 26B-3-1001
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Therapeutic appropriateness: means drug prescribing and dispensing based on rational drug therapy that is consistent with criteria and standards. See Utah Code 26B-3-301
Therapeutic duplication: means prescribing and dispensing the same drug or two or more drugs from the same therapeutic class where periods of drug administration overlap and where that practice is not medically indicated. See Utah Code 26B-3-301
Third party: includes :
     (15)(a) an individual, institution, corporation, public or private agency, trust, estate, insurance carrier, employee welfare benefit plan, health maintenance organization, health service organization, preferred provider organization, governmental program such as Medicare, CHAMPUS, and workers' compensation, which may be obligated to pay all or part of the medical costs of injury, disease, or disability of a recipient, unless any of these are excluded by department rule; and
     (15)(b) a spouse or a parent who:
          (15)(b)(i) may be obligated to pay all or part of the medical costs of a recipient under law or by court or administrative order; or
          (15)(b)(ii) has been ordered to maintain health, dental, or accident and health insurance to cover medical expenses of a spouse or dependent child by court or administrative order. See Utah Code 26B-3-1001
Time period unit: means an annually recurring part or parts of a year specified in the declaration as a period for which a unit is separately owned and includes a timeshare estate as defined in Section 57-19-2. See Utah Code 57-8-3
Total transports: means the number of total ambulance transports applicable to a given fiscal year, as determined under Subsection 26B-3-803(5). See Utah Code 26B-3-801
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Traditionally eligible child: means , subject to limitations created by the federal government, a child who is:
     (5)(a) a citizen of the United States;
     (5)(b) a qualified non-citizen;
     (5)(c) a Supplemental Security Income recipient living in the United States on August 22, 1996, that meets the federal government's criteria for one of the grand-fathered Supplemental Security Income recipient non-citizen groups; or
     (5)(d) a lawfully present child. See Utah Code 26B-3-901
Trespasser: means a person who enters on the land of another without:
(8)(a) express or implied permission; or
(8)(b) invitation. See Utah Code 57-14-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
Unconstructed unit: means a unit that:
(41)(a) is intended, as depicted in the condominium plat, to be fully or partially contained in a building; and
(41)(b) is not constructed. See Utah Code 57-8-3
underutilization: means the use of a drug in such quantities that the desired therapeutic goal is not achieved. See Utah Code 26B-3-301
Unit: includes one or more rooms or spaces located in one or more floors or a portion of a floor in a building. See Utah Code 57-8-3
Unit: includes a lot, parcel, or other interest in land separately offered for disposition. See Utah Code 57-11-2
Unit: means a physical portion of a common-interest community designated for separate ownership or occupancy with boundaries described in a declaration establishing the common-interest community. See Utah Code 57-13c-101
Unit number: means the number, letter, or combination of numbers and letters designating the unit in the declaration and in the record of survey map. See Utah Code 57-8-3
Unit owner: means the person or persons owning a unit in fee simple and an undivided interest in the fee simple estate of the common areas and facilities in the percentage specified and established in the declaration or, in the case of a leasehold condominium project, the person or persons whose leasehold interest or interests in the condominium unit extend for the entire balance of the unexpired term or terms. See Utah Code 57-8-3
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Upper payment limit gap: means the difference between the private hospital outpatient upper payment limit and the private hospital Medicaid outpatient payments, as determined in accordance with Utah Code 26B-3-501
Urban county: means a county that is not a rural county. See Utah Code 26B-3-301
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Utility cooperative: includes an electric cooperative, a rural electric cooperative, a rural water district, and a rural water association. See Utah Code 57-13c-101
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Water conveyance: means a canal, ditch, pipeline, or other means of conveying water. See Utah Code 57-13a-101
Water user: means a water user or the water user's predecessor whose water being conveyed is represented by a water right recognized under state law or by shares in a mutual irrigation company. See Utah Code 57-13a-101
Water-conveyance easement: means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage, culinary or industrial water, or a federal water project facility. See Utah Code 57-13c-101
Woman: means an adult human female. See Utah Code 68-3-12.5
Writing: includes :
     (48)(a) printing;
     (48)(b) handwriting; and
     (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5