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(a) In this chapter, unless the context indicates otherwise,
(1) "activity" means the
(A) construction of a health care facility;
(B) alteration of the bed capacity of a health care facility;
(C) addition of a category of health services provided by a health care facility; or
(D) conversion of a building or part of a building to a nursing home that requires licensure under AS 47.32;
(2) "certificate of need" has the same meaning as "certificate" in AS 18.07.111 ;
(3) "certified estimate" means an estimate developed by a professional architect or engineer licensed under AS 08.48, or by an individual who is qualified to estimate the cost of health care facility equipment, demolition, and construction;
(4) "commissioner" means the commissioner of health and social services;
(5) "construction" has the meaning given in AS 18.07.111 ;
(6) "day" means calendar day;
(7) "demolition" means the tearing down, razing, destroying, or taking apart of an existing structure;
(8) "department" means the Department of Health and Social Services;
(9) "expenditure" has the meaning given in AS 18.07.031 ;
(10) "health care facility" has the meaning given in AS 18.07.111 ;
(11) "health planning document" means a document prepared by a federal, state, or local government agency or private entity that includes a plan for the provision in this state of a particular type of health services at the state, regional, or local level;
(12) "holder" means the person to whom a certificate of need has been issued;
(13) "hospital" means an institution or establishment, public or private, devoted primarily to providing diagnosis, treatment, or care over a continuous period of 24 hours each day for two or more unrelated individuals suffering from illness, physical or mental disease, injury, deformity, or any other condition for which medical or surgical services would be appropriate;
(14) "person" includes, in addition to the entities specified in AS 01.10.060 (8),
(A) a health maintenance organization;
(B) a foundation;
(C) a trust;
(D) an estate;
(E) the state;
(F) a political subdivision or instrumentality of the state, including a municipal corporation; and
(G) any other legal entity recognized by the state;
(15) "person substantially affected" means
(A) the department;
(B) the commissioner;
(C) a health care facility or provider that
(i) is located in the proposed service area and that provides services similar to the proposed activity, or alternatives to the proposed activity; or
(ii) has indicated to the department, by submitting a letter of intent in response to a public notice issued under 7 AAC 07.042, or a competing application under 7 AAC 07.040, an intent to engage in the activity for which the certificate of need is sought; and
(D) an agency that sets or regulates the rates charged by a health care facility or the services provided by a health care facility;
(16) "service area" means the geographic area to be served by the proposed activity, including the community where the proposed activity will be located;
(17) "working day" means a day other than Saturday, Sunday, or a state holiday.
(b) In the definition of "expenditure" in AS 18.07.031 , and in this chapter,
(1) "routine maintenance"
(A) means
(i) the regular, customary, ordinary, or usual upkeep of property and equipment to keep the property or equipment in safe working condition or in good repair; in this sub-subparagraph, "equipment" includes utilities, boilers, generators, heating, air conditioning, ventilation, and other similar equipment necessary for operation of the facility;
(ii) maintenance that is required to meet life and safety code standards under 13 AAC 50; or
(iii) the remodeling of space that is fully depreciated and for which the services provided have not changed; and
(B) does not include
(i) a repair or service if the repair or service substantially adds to the technological capability or capacity of property or equipment; or
(ii) any part of a project that adds square footage to the total size of the facility;
(2) "routine replacement of equipment" means the regular, customary, ordinary, or usual replacement of worn out, broken, or obsolete medical equipment; "routine replacement of equipment" does not include replacement of medical equipment that increases the technological capacity of the equipment or facility so long as the increase does not result in a change in the scope of services that are being provided; in this paragraph, "equipment" includes utilities, boilers, generators, heating, ventilation, air conditioning, and other similar equipment necessary for operation of the facility.
History: Eff. 8/14/2005, Register 175
Authority: AS 18.07.031
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Last modified 7/05/2006