Texas Register, Volume 9, Number 34, Pages 2511-2580, May 8, 1984 Page: 2,523
2511-2580 p. ; 28 cm.View a full description of this periodical.
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propriate ruling authorizing development of the project,
shall not be considered development as defined herein or
a violation of the Act or commission rules.
Dialysis stations-The number of dialysis units or
chairs in a health-care facility.
Existing health-care facility-A facility which is
approved for operation, is currently operating, or which
has not been out of operation for a period of 12 consecu-
tive months or more.
Existing service-A service which is presently be-
ing offered by a health-care facility, or a service that a
health-care facility has not ceased offering for a period
of 12 consecutive months or more, subject to the provi-
sions of Texas Civil Statutes, Article 4442c, 7, subsec-
tion (k).
Expenditure minimum-5600,000 for capital ex-
penditures other than major medical equipment. (See defi-
nition for major medical equipment )
Federal law-Includes the Natonal Health Plan-
ning and Resources Development Act of 1974 (Public Law
93-641), as amended by the Health Planning and Re-
sources Development Amendments of 1979 (Public Law
96-79), the federal rules and regulations promulgated un-
der those acts, and other pertinent federal authority.
Health-Physical or mental health.
Health-care facility-Referred to as facility,
means, regardless of ownership, a pubhc or private hospi-
tal, skilled nursing facility, intermediate care facility, am-
bulatory surgical facility, family planning clinic which
performs ambulatory surgical procedures, rural health in-
itiative clinic, urban health initiative clinic, kidney dis-
ease treatment facility, inpatient rehabilitation facility,
inpatient hospice, and other facilities as defined by fed-
eral law, but does not include the office of physicians or
practitioners of the healing arts singly or in groups in the
conduct of their profession.
Health maintenance organization-Referred to as
HMO, means any person who undertakes to provide or
arrange for one or more health-care plans, pursuant to
the provisions of the Texas Health Maintenance Organi-
zation Act, Texas Civil Statutes, Article 20A.01-20A.35.
For purposes of commission rules relating to HMOs, the
term "health-care plan" means any arrangement where-
by any person undertakes to provide, arrange for, pay
for, or reimburse any part of the cost of any health-care
services, and at least part of such arrangement consists
of arranging for or the provision of health-care services,
as distinguished from mere indemnification against cost
of such service on a prepaid basis through insurance or
otherwise. For purposes of commission rules relating to
HMOs, the term "health-care services" means furnish-
ing to any individual medical care, dental care, or
hospitalization, as well as the furnishing to any person
of any other services for the purpose of preventing, al-
leviating, curing, or healing human illness or injury.
Health service area-A geographical region in
which a designated regional planning agency has health
planning responsibilities as provided pursuant to federal
and state law.
Hearing-A public proceeding for examination of
an application or other matter properly before the com-
mission where the applicant, the commission, other par-
ties, and interested persons may present evidence.Hospital-An institution which has as its primary
function inpatient diagnostic services and therapeutic
services for medical diagnosis, treatment, and care of in-
jured, disabled, or sick persons, or rehabilitation services
for the rehabilitation of injured, disabled, or sick per-
sons, by or under the supervision of physicians. The term
"hospital" includes psychiatric hospitals and specialty
hospitals designed for the treatment of patients suffer-
ing from alcohol or drug abuse.
Inpatient-a person who has been admitted for
overnight care by a health-care facility and who has not
been discharged from the facility.
Inpatient hospice-A medically oriented program
of palliative and supportive services which primarily pro-
vides inpatient care for terminally ill patients. The term
"inpatient hospice" includes, but is not limited to, those
facilities which are defined as and are proposed to be cer-
tified as a hospice pursuant to the Tax Equity and Fiscal
Responsibility Act of 1982 and 42 Code of Federal Regu-
lations Parts 400, 405, 408, 409, 418, 420, 421, and 489.
Inpatient rehabilitation facility-A facility which
is operated for the primary purpose of assisting in the
inpatient rehabilitation of sick or disabled persons
through a program of medical and medica!ly related ser-
vices which are provided under professional supervision.
The term "inpatient rehabilitation facility" includes in-
patient facilities designed for the rehabilitation of patients
suffering from alcohol or drug abuse.
Interested person-A person who presents evi-
dence at a hearing on an application, but who was not
admitted by the commission as a party.
Intermediate care facility-An institution or part
of an institution which regularly provides health-care ser-
vices to inpatients who, because of their mental or phys-
ical condition, require health-care services above the level
of room and board, but who do not require the degree
of care and treatment which a hospital or skilled nursing
facility provides.
Kidney disease (ESRD) treatment facility-A hos-
pital unit or freestanding unit which offers at least one
of the following kidney disease (ESRD) services:
(A) dialysis service (chronic maintenance or in-
patient acute dialysis);
(B) self-care hemodialysis or peritoneal dial-
ysis service; or
(C) kidney transplantation.
Major medical equipment-A single unit of med-
ical equipment or a single system of components with
related functions which is used to provide medical and
other health-care services and which costs more than
5400,000.
Medical service area-
(A) For an existing facility, a definable geo-
graphic area from which at least two-thirds of the facili-
ty's patients have originated in the most recent 12-month
period;
(B) for a new facility or a new service at an ex-
isting facility, a definable geographic area from which
at least two-thirds of the patients could reasonably be an-
ticipated to originate. In establishing the medical service
area, the factors set forth in commission Rule 513.3
(1513.3 of this title (relating to Medical Service Area))
shall be considered.9 TexAg 2
r I I - - I I C _I --
ii
May 8, 1984
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Texas. Secretary of State. Texas Register, Volume 9, Number 34, Pages 2511-2580, May 8, 1984, periodical, May 8, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243587/m1/13/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.