Section 144-112-1 - DEFINITIONSAs used in this rule, unless the context indicates otherwise, the following terms have the following meanings:
1.1 Applicant. An applicant is any person, firm, partnership, association, corporation, or other entity requesting a license pursuant to these rules.1.2 CMS. "CMS" means the United States Department of Health and Human Services Centers for Medicare and Medicaid Services.1.3 Critical Access Hospital. "Critical Access Hospital", as established pursuant to 22 M.R.S.A. §7932(10), means a rural hospital which provides not more than 25 beds for acute hospital-level inpatient care. A swing-bed facility may have up to 25 inpatient beds that can be used interchangeably for acute or skilled nursing care. In addition to the 25-bed limit for acute inpatient care, a Critical Access Hospital may have distinct parts with 10 or fewer psychiatric inpatient beds, or 10 or fewer inpatient rehabilitation beds, or both. In order to be a Critical Access Hospital, inpatient care may not exceed on an annual average basis, 96 hours per patient.1.4 Department. Unless otherwise indicated, the "Department" means the Maine Department of Health and Human Services.1.5 General Hospital. "General Hospital" means an acute health care facility with permanent inpatient beds planned, organized, operated, and maintained to offer for a continuing period of time, facilities and services for the diagnosis and treatment of illness, injury, and deformity; with a governing board, and an organized medical staff, offering continuous twenty-four hour professional nursing care; with a plan to provide, emergency treatment twenty-four hours a day. Any institution not meeting this definition of a general hospital is a specialty hospital. General hospitals do not include federal or state government controlled institutions, community health centers, independent outpatient diagnostic or treatment centers, doctors' offices, college infirmaries or industrial dispensaries. General hospitals include the provision of, either directly or indirectly, the following services or organizational units:1.5.6 Food and Dietetic Services1.5.9 Pathology or Laboratory Services, and1.5.10 Pharmacy Services.1.6 Incident. The term "incident" means the following occurrences that must be reported to the department on department-approved forms within the indicated number of hours of discovery or occurrence: 1.6.2 fires shall be reported within 24 hours as follows:1.6.2.1 fires requiring patient movement;1.6.2.2 fires requiring patient evacuation; or1.6.2.3 fires causing injury to a patient;1.6.3 an emergency evacuation of patients from all or portions of a facility shall be reported within 24 hours; and1.7 Licensee. Licensee means any person, firm, partnership, association, corporation, or other entity, other than a receiver appointed under 22 M.R.S.A. §7933, who is licensed or required to be licensed to operate a facility.1.8 Psychiatric hospital. "Psychiatric hospital" means a state or non-state hospital that, in addition to meeting the requirements of a General Hospital, is organized, directed, and staffed, in whole or in part, to meet the needs of psychiatric patients.1.9 Specialty hospitals. "Specialty hospitals" means critical access hospitals, psychiatric hospitals/units, and hospitals that specialize in specific services, including but not limited to transplant services, rehabilitation services, long term acute care services, cardiac services, orthopedic services or surgical procedures. 1.10 Standard-level deficiency. A deficiency is at the standard level when there is noncompliance with any single requirement or several requirements within a particular standard that are not of such character as to substantially limit a facility's capacity to furnish adequate care, or which would not jeopardize or adversely affect the health or safety of patients if the deficient practice recurred. This definition is incorporated herein by reference to the State Operations Manual, Appendix A - Survey Protocol, Regulations and Interpretive Guidelines for Hospitals, (Rev. 1, 05-21-04), adopted by the United States Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS).1.11 Substantial compliance. "Substantial compliance" for the purpose of these rules means that the hospital had either [A] no deficiencies; or [B] Standard-level deficiencies as defined in Section 1.11 above.1.12 Swing beds. "Swing beds" means licensed acute care beds that are approved to be used interchangeably as skilled nursing beds.10-144 C.M.R. ch. 112, § 1