Terms Used In Utah Code > Title 57 > Chapter 9 - Marketable Record Title

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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
• Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301
• Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301
• 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
• 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
• Contract: A legal written agreement that becomes binding when signed.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
• 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
• 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}
• 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.
• Fraud: Intentional deception resulting in injury to another.
• 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
• 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
• 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
• 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
• 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}
• 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.
• 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
• Medical assistance: means services furnished or payments made to or on behalf of a member. 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
• 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.
• 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 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
• 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
• 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
• Probate: Proving a will
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101
• 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
• 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
• 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
• Trustee: A person or institution holding and administering property in trust.
• underutilization: means the use of a drug in such quantities that the desired therapeutic goal is not achieved. See Utah Code 26B-3-301
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Urban county: means a county that is not a rural county. See Utah Code 26B-3-301
• 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