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37.106.803    DEFINITIONS

(1) "Administrator" means the individual responsible for the day-to-day operations of a specialty hospital. This individual may also be known as, but not limited to, "chief executive officer," "executive director," or "president."

(2) "Charity care" or financial assistance" means free or discounted health services provided to persons who meet the organization's criteria for financial assistance and are unable to pay for all or a portion of the services.

(3) "Emergency care services" means health care items and services furnished or required to evaluate and treat an emergency medical condition.

(4) "Emergency medical condition" means a condition manifesting itself by symptoms of sufficient severity, including severe pain, that the absence of immediate medical attention could reasonably be expected to result in any of the following:

(a) the person's health would be in serious jeopardy;

(b) the person's bodily functions would be seriously impaired; or

(c) a bodily organ or part would be seriously damaged.

(5) "Impact study" means the examination and analysis of the financial and operational effects of a proposed specialty hospital on existing health care facilities in the service area.

(6) "Independent consultant" means an individual or group of individuals who for a fee examine and analyze the financial and operational impacts of a proposed specialty hospital on existing health care facilities in the service area. In order to be deemed an independent consultant, the individual or group of individuals must not be an employee of, not otherwise related to, or affiliated with the owners or operators of a proposed specialty hospital or an existing health care facility in the service area.

(7) "Joint venture relationship" means an express agreement or contract between two or more parties to create the joint venture.

(8) "Service area" means that geographic location in which local residents are the primary recipients of provided specialty hospital services. A nonresident is not prohibited from receiving services from the specialty hospital.

(9) "Transfer of care" means relocating an individual to the care of another health care facility or health care provider consistent with federal transfer requirements imposed by EMTALA when an adequate continuum of care is not possible.

History: 50-5-103, 50-5-245, MCA; IMP, 50-5-101, 50-5-121, 50-5-245, 50-5-246, MCA; NEW, 2013 MAR p. 54, Eff. 1/18/13.

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