37.106.101    DEFINITIONS

(1) For the purpose of this subchapter:

(a) "Capital expenditure" is defined as provided in 50-5-101, MCA.

(b) "Long-term care facilities plan" means the plan prepared by the department containing guidelines for determining need for long-term care facilities and services subject to certificate of need review that is most recently approved by the Governor and a statewide health coordinating council appointed by the director of the department.

(c) "Long-term care facility" is defined as provided in 50-5-301, MCA. 

(d) "Swing-bed" means a licensed hospital, medical assistance facility, or critical access hospital bed that is also certified for the provision of long-term care pursuant to 42 CFR 482.58.

(2) The following term appears in the Montana Code Annotated, is not defined in the statutes, and is interpreted by the department to mean the following:

(a) The phrase "enforceable capital expenditure commitment," as used in 50-5-305, MCA, means an obligation incurred by or on behalf of a long-term care facility when:

(i) an enforceable contract is entered into by such facility or its agent for the construction, acquisition, lease or financing of a capital asset;

(ii) a formal internal commitment of funds by such a facility which constitutes a capital expenditure; or

(iii) in the case of donated property, the date on which the gift vested.


History: 50-5-103, 50-5-302, MCA; IMP, 50-5-101, 50-5-301, 50-5-302, 50-5-304, 50-5-305, 50-5-306, 50-5-307, 50-5-308, 50-5-309, 50-5-310, MCA; NEW, 1979 MAR p. 1670, Eff. 12/28/79; AMD, 1983 MAR p. 732, Eff. 7/1/83; AMD, 1987 MAR p. 1074, Eff. 7/17/87; AMD, 1996 MAR p. 1975, Eff. 7/19/96; TRANS, from DHES, 2002 MAR p. 185; AMD, 2022 MAR p. 57, Eff. 1/15/22.