Pennsylvania Statutes Title 35 P.S. Health and Safety § 448.103. Definitions

The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

“Act.”  The comprehensive Health Care Facilities Act.

“Board.”  The Health Policy Board established under section 401.1.  1

“Certificate of need.”  A notice of approval issued by the department under the provisions of this act, including those notices of approval issued as an amendment to an existing certificate of need.   2

“Clinically related health service.”  Certain diagnostic, treatment or rehabilitative services as determined in section 701.  3

“Community-based health services planning committee.”  A committee established in accordance with procedures approved by the Department of Health which includes representatives of local or regional groups of consumers, business, labor, health care providers, payors or other affected interests.

“Conflict of interest.”  For the purpose of section 501,  4 the interest of any person, whether financial, by association with, or as a contributor of money or time to, any nonprofit corporation or other corporation, partnership, association, or other organization, and whenever a person is a director, officer or employee of such organization, but shall not exist whenever the organization in which such person is interested is being considered as part of a class or group for whom regulations are being considered, if the material facts as to the relationship or interest are disclosed or are known to the board.

“Consumer.”  A natural person who is not involved in the provision of health services or health insurance.  For the purpose of this act, any person who holds a fiduciary position in any health care facility, health maintenance organization or third party payor shall not be considered a consumer.

“Department.”  The Department of Health.

“Develop.”  When used in connection with health services or facilities, means to undertake those activities which on their completion will result in the offer of a new health service or the incurring of a financial obligation in relation to the offering of such a service.

“Health care facility.”  For purposes of Chapter 7,  5 any health care facility providing clinically related health services, including, but not limited to, a general or special hospital, including psychiatric hospitals, rehabilitation hospitals, ambulatory surgical facilities, long-term care nursing facilities, cancer treatment centers using radiation therapy on an ambulatory basis and inpatient drug and alcohol treatment facilities, both profit and nonprofit and including those operated by an agency or State or local government.  The term shall also include a hospice.  The term shall not include an office used primarily for the private or group practice by health care practitioners where no reviewable clinically related health service is offered, a facility providing treatment solely on the basis of prayer or spiritual means in accordance with the tenets of any church or religious denomination or a facility conducted by a religious organization for the purpose of providing health care services exclusively to clergy or other persons in a religious profession who are members of the religious denominations conducting the facility.

“Health care practitioner.”  An individual who is authorized to practice some component of the healing arts by a license, permit, certificate or registration issued by a Commonwealth licensing agency or board.

“Health care provider” or “provider.”  An individual, a trust or estate, a partnership, a corporation (including associations, joint stock companies and insurance companies), the Commonwealth, or a political subdivision or instrumentality (including a municipal corporation or authority) thereof, that operates a health care facility.

“Health planning area.” A geographic area within the Commonwealth designated by the Department of Health for purposes of health planning.

“Hearing board.”  The State Health Facility Hearing Board created in the Office of General Counsel under the provisions of this act.

“Interested person” or “person expressing an interest.”  For the purposes of Chapter 7 of this act, a member of the public who is to be served by the proposed new health service in the area to be served by the applicant, a health care facility or health maintenance organization or any health care provider providing similar services in the area to be served by the applicant or who has received a certificate of need to provide services in the area to be served by the applicant or who has formally filed with the department a letter of intent to provide similar services in the area in which the proposed service is to be offered or developed and any third party payor of health services provided in that area who provides written notice to the department that the person is interested in a specific certificate of need application before the department.

“Offer.”  Make provision for providing in a regular manner and on an organized basis clinically related health services.

“Patient.”  A natural person receiving health care in or from a health care provider.

“Person.”  A natural person, corporation (including associations, joint stock companies and insurance companies), partnership, trust, estate, association, the Commonwealth, and any local governmental unit, authority and agency thereof.

“Policy board.”  The Health Policy Board created in the Department of Health under the provisions of this act.

“Public meeting.”  A meeting open to the public where any person has an opportunity to comment on a certificate of need application or proposed State health services plan amendment.

“Secretary.”  The Secretary of the Department of Health of the Commonwealth of Pennsylvania.

“State health services plan.”  A document developed by the Department of Health, after consultation with the policy board and approved by the Governor, that is consistent with section 401.3,  6 that meets the current and projected needs of the Commonwealth's citizens.  The State health services plan shall contain, in part, the standards and criteria against which certificate of need applications are reviewed and upon which decisions are based.

“Third party payor.”  A person who makes payments on behalf of patients under compulsion of law or contract who does not supply care or services as a health care provider or who is engaged in issuing any policy or contract of individual or group health insurance or hospital or medical service benefits.  The term shall not include the Federal, State, or any local government unit, authority, or agency thereof or a health maintenance organization.

1 35 P.S. § 448.401a.
2 35 P.S. §§ 448.701 to 448.712, and all other provisions of the Health Care Facilities Act pertaining to certificates of need, sunset on December 18, 1996, pursuant to 35 P.S. § 448.904a.
3 35 P.S. § 448.701 (expired).
4 35 P.S. § 448.501 (repealed).
5 35 P.S. § 448.701 et seq. (expired).
6 35 P.S. § 448.401c.

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