Terms Used In Utah Code > Title 26B > Chapter 3 > Part 2 - Medicaid Waivers

• 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.
• 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.
• 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
• 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
• 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
• 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}
• board: means the entity, regardless of name, with primary authority to manage the affairs of the association. See Utah Code 57-8a-102
• 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
• 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
• 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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}
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• Dependent: A person dependent for support upon another.
• Director: means a member of the board of directors. See Utah Code 57-8a-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
• 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
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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
• 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.
• 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:
       (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
• 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}
• 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 :
       (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
• 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 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
• member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101
• 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
• 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.
• 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
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• 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: 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
• 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
• 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
• 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
• Protected area: means the same as that term is defined in Section Utah Code 57-8a-102
• 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 :
       (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
• Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
• 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.
• 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
• 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
• 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
• 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
• 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
• Statute: A law passed by a legislature.
• 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.
• 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 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
• 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
• 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.
• 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