Terms Used In Louisiana Revised Statutes > Title 40 > Chapter 5-D > Subchapter B - Healthcare Facilities

• Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member and credited to his individual account. See Louisiana Revised Statutes 11:952.1
• Actuarial equivalent: means a benefit of equal value when computed upon the basis of the mortality tables adopted by the board of trustees plus regular interest. See Louisiana Revised Statutes 11:951.1
• Actuarial equivalent: means a benefit of equal value, when computed upon the basis of mortality tables adopted by the board of supervisors and regular interest. See Louisiana Revised Statutes 11:952.1
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allocation: means the official determination of the class to which a position in the classified service belongs. See Louisiana Revised Statutes 33:2473
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Anti-pollution project: means any land, easement, servitude, leasehold interest or other interest or right or estate in land, any building or other facility or improvement thereon, and any personal property, or any combination of the foregoing, whether or not now in existence, which shall be designed, acquired, constructed or installed in order to abate, eliminate, control or prevent air or water or noise or other pollution or to control or eliminate or dispose of liquid and solid wastes, or for the removal or treatment of any substance or materials which otherwise would cause pollution or contamination of any kind, suitable for use by the following or any combination of two or more thereof: any industry for the manufacturing, processing or assembling of raw, semi-manufactured or manufactured products, including agricultural, fish, forest, water or mineral products; any enterprise for the planting, cultivating and harvesting of crops, including those so planted, cultivated and harvested for food, ornamental, grazing or forest purposes; any commercial enterprise in storing, warehousing or distributing the products of agriculture, fishing, forestry, mining or industry, exclusive of retail or wholesale enterprises; any enterprise for research or development or research and development in connection with any of the foregoing, or for the purpose of developing new products or new processes, or improving existing products or known processes; any enterprise for research, development, exploration or study, of land, sea, water, air, sky or space; any nonprofit educational institution, museum or planetarium or the government of the United States or any agency, department, board, bureau, corporation or other instrumentality thereof; and any person, firm or corporation engaged primarily in the manufacture, production, generation, transmission or distribution of electricity, steam heat, water or gas or any combination thereof, or telephone or other services for sale to the public and classified as a public utility. See Louisiana Revised Statutes 51:1151
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
• Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average regular compensation: means the average annual rate of regular compensation of a member for any period of thirty-six successive months ending with full month's pay of service as an employee during which said earned compensation was the highest. See Louisiana Revised Statutes 11:952.1
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means any person in receipt of a retirement allowance or other benefit provided for in this part. See Louisiana Revised Statutes 11:952.1
• Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
• Board of supervisors: means the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
• Board of trustees: means and includes the members of the board of trustees of the retirement system. See Louisiana Revised Statutes 11:951.1
• Business: includes any commercial type activity whether conducted by an individual, firm, partnership, corporation, association or insurance company, provided such commercial type activity is located and doing business within the state of Louisiana. See Louisiana Revised Statutes 51:1101
• Classification plan: means all the classes of positions established for the classified service. See Louisiana Revised Statutes 33:2473
• Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
• Commissioner: means the commissioner of financial institutions. See Louisiana Revised Statutes 9:3516
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Consumer: means a natural person who purchases goods, services, or movable or immovable property or rights therein, for a personal, family, or household purpose and includes a purchaser or buyer in a consumer credit sale or transaction made with the use of a seller credit card or otherwise, or a borrower or debtor in a consumer loan, revolving loan account, or a lender credit card. See Louisiana Revised Statutes 9:3516
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Corporation: means a Louisiana business development corporation created under this Chapter. See Louisiana Revised Statutes 51:1101
• Corporation: means any corporation organized pursuant to the provisions of this chapter. See Louisiana Revised Statutes 51:1151
• Credited service: means service for which credit is allowable as provided in La. See Louisiana Revised Statutes 11:952.1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally affords less responsibility and pay. See Louisiana Revised Statutes 33:2473
• Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants for medical care of the poor. See Louisiana Revised Statutes 40:1183.3
• Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1189.3
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1193.2
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1255.1
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1257.1
• Departmental service: means employment in the public services offered and performed separately by the fire and by the police departments of the municipality. See Louisiana Revised Statutes 33:2473
• Development project: means any land, easement, servitude, leasehold interest, or other interest or right in land, and any building or other facility or improvement thereon, including a single or multiple occupant office building or building complex, and all movable and immovable properties deemed necessary in connection therewith, including parking garages, whether or not now in existence, which shall be suitable for use by the following or by any combination of two or more thereof:

  (i)  Any industry for the manufacturing, processing, or assembling of any raw, agricultural, semimanufactured, or manufactured products. See Louisiana Revised Statutes 51:1151

• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Donor: The person who makes a gift.
• Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
• Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
• Employee: means a person employed in any classification of University employees other than a student, and the word "student" includes a graduate assistant, medical intern, and medical resident. See Louisiana Revised Statutes 11:952.1
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal agency: means the United States government or any of its boards, departments, commissions, corporations, or agencies or any official or authorized representatives thereof. See Louisiana Revised Statutes 49:662
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Final disposition: means the burial, cremation, or other disposition of the remains of a human fetus following fetal death. See Louisiana Revised Statutes 40:1191.1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• FQHC: means a facility which is engaged in furnishing primary health services to outpatients by physicians, physician assistants or nurse practitioners, including but not limited to health services related to family medicine, internal medicine, pediatrics, obstetrics, and gynecology and such services and supplies incident thereto. See Louisiana Revised Statutes 40:1183.3
• Fraud: Intentional deception resulting in injury to another.
• Full-time employee: means an employee who works the number of hours required by the department or division under applicable university policies for a full-time employee. See Louisiana Revised Statutes 11:952.1
• funded system: means the funded Louisiana State University and Agricultural and Mechanical College Retirement System as defined in La. See Louisiana Revised Statutes 11:952.1
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the board or body in which the general legislative powers of the municipality or the parish are vested. See Louisiana Revised Statutes 51:1151
• Grantor: The person who establishes a trust and places property into it.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care provider: means an individual, person, corporation, facility, or institution licensed by the state to provide health care or professional services as a physician, nurse, or allied health professional. See Louisiana Revised Statutes 40:1189.3
• Health facility: means a facility licensed by the Louisiana Department of Health to provide health services. See Louisiana Revised Statutes 40:1191.1
• Healthcare provider: means a person, partnership, limited liability partnership, limited liability company, corporation, facility, or institution that provides healthcare or professional services to individuals enrolled in the Medicaid program. See Louisiana Revised Statutes 40:1257.1
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal representative: means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a nursing home resident. See Louisiana Revised Statutes 40:1193.2
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Medicaid: means the medical assistance program provided for in Title XIX of the Social Security Act. See Louisiana Revised Statutes 40:1255.1
• Medicaid: means the medical assistance program provided for in Title XIX of the Social Security Act. See Louisiana Revised Statutes 40:1257.1
• Medicaid Buy-In Program: means the Louisiana Medicaid Optional program to provide the opportunity for working persons with disabilities to buy access to needed health care and support services. See Louisiana Revised Statutes 40:1251.4
• Medicare: means the federal health insurance program provided for in Title XVIII of the Social Security Act. See Louisiana Revised Statutes 40:1255.1
• Member: means any employee included in the membership of the funded system as provided in La. See Louisiana Revised Statutes 11:952.1
• Miscarried child: means the fetal remains resulting from a spontaneous fetal death that does not require compulsory registration pursuant to the provisions of La. See Louisiana Revised Statutes 40:1191.1
• Monitoring device: means a surveillance instrument that transmits and records activity and is not connected to the facility's computer network. See Louisiana Revised Statutes 40:1193.2
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Net uncompensated costs: means the costs related to patient care incurred during a provider's fiscal year of furnishing outpatient services, net of the cost of treating Medicare patients, Medicaid payments for inpatient and outpatient services, excluding disproportionate share payments, costs associated with patients who have insurance for services provided, and payments received from uninsured patients. See Louisiana Revised Statutes 40:1183.3
• Nursing home: means a nursing facility or nursing home as defined in La. See Louisiana Revised Statutes 40:1193.2
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Office: shall mean the office of the secretary in the Louisiana Department of Health. See Louisiana Revised Statutes 40:1263.1
• Ombudsman: means the administrator of the office of the state long-term care ombudsman established within the office of elderly affairs by the provisions of La. See Louisiana Revised Statutes 40:1193.2
• Organization: means corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. See Louisiana Revised Statutes 9:3516
• Oversight: Committee review of the activities of a Federal agency or program.
• Participant: means any employee who is entitled to the beneficial provisions of this retirement system. See Louisiana Revised Statutes 11:951.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2473
• Person: as used in this Chapter means an individual or corporation, partnership, trust, association, joint venture pool, syndicate, sole proprietorship, unincorporated organization, or any other form of entity not specifically listed herein. See Louisiana Revised Statutes 9:3516
• person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
• Personal property: All property that is not real property.
• Persons: includes individuals, firms, partnerships, corporations, trusts, associations and insurance companies. See Louisiana Revised Statutes 51:1101
• Persons with disabilities: means those citizens of Louisiana who meet the Social Security Disability criteria. See Louisiana Revised Statutes 40:1251.4
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• political activity: means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. See Louisiana Revised Statutes 33:2454
• Political subdivision: means any parish, municipality, or any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 49:662
• Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
• Principal: means the amount financed or amount deferred under a consumer credit transaction. See Louisiana Revised Statutes 9:3516
• Project: means any anti-pollution project or any development project or any combination thereof. See Louisiana Revised Statutes 51:1151
• Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. See Louisiana Revised Statutes 33:2473
• Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2473
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public rural hospital: means a rural hospital owned or operated by a political subdivision of the state, including but not limited to a hospital service district, parish, or municipality. See Louisiana Revised Statutes 40:1189.3
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reasonable cost: means the cost of hospital outpatient services, including without limitation provider-based rural health clinics, utilizing Medicare cost reimbursement principles applicable to the respective rural hospital, including hospital-based rural health clinics licensed as hospital departments. See Louisiana Revised Statutes 40:1189.3
• Reemployment list: means an employment list for the entrance or lowest ranking class in the classified service, or in any group of classes as may have been grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2473
• Regular compensation: means the total cash compensation for personal services paid to an employee by the university, except compensation of an unusual or noncontinuing nature excluded by the board of supervisors as provided in La. See Louisiana Revised Statutes 11:952.1
• Regular employee: means :

  (a)  An employee whose appointment is for a period of more than one hundred eighty calendar days, or

  (b)  One who has been employed for more than one hundred eighty consecutive calendar days by successive uninterrupted appointments. See Louisiana Revised Statutes 11:952.1

• Regular interest: means interest compounded annually at such rate or rates as shall be determined by the board of supervisors. See Louisiana Revised Statutes 11:952.1
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Resident: means a person who is a resident of a nursing home. See Louisiana Revised Statutes 40:1193.2
• Retirement: means withdrawal from active service with a retirement allowance granted under the provisions of this part. See Louisiana Revised Statutes 11:952.1
• Retirement: means withdrawal from active service with a retirement allowance allowable under the provisions of this Part. See Louisiana Revised Statutes 11:951.1
• Retirement allowance: means annual payments for life under the funded system payable in equal monthly installments beginning as of the date fixed by the board of supervisors. See Louisiana Revised Statutes 11:952.1
• Retirement allowance: means the sum of the annuity and the pension, or any other benefits payable in lieu thereof. See Louisiana Revised Statutes 11:951.1
• Retirement system: means the Teachers' Retirement System of Louisiana as defined in La. See Louisiana Revised Statutes 11:701
• Rural hospital: means a hospital licensed by the department which meets one of the following criteria:

              (i) Has no more than sixty hospital beds as of July 1, 1994; and

              (aa) Is located in a parish with a population of less than fifty thousand; or

              (bb) Is located in a municipality with a population of less than twenty thousand. See Louisiana Revised Statutes 40:1189.3

• Secretary: shall mean the secretary of the Louisiana Department of Health, or his designated representative. See Louisiana Revised Statutes 40:1263.1
• Seniority: means the following:

              (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously to and including the date of computation. See Louisiana Revised Statutes 33:2473

• Service: means service as a teacher within the meaning of Paragraph (33) of this Section. See Louisiana Revised Statutes 11:701
• Service: means service rendered by an employee as herein defined. See Louisiana Revised Statutes 11:951.1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Social Security breakpoint: means the maximum level at which compensation may be included in the determination of the primary insurance amount under Title II of the Federal Social Security Act, provided that for purposes of the funded system seven thousand eight hundred dollars shall be deemed to have been the Social Security breakpoint for all years prior to 1968. See Louisiana Revised Statutes 11:952.1
• State: means the state of Louisiana. See Louisiana Revised Statutes 11:952.1
• State agency: means any board, commission, department, agency, or institution, including colleges and universities, in the executive, legislative, or judicial branch of the State, or any official or authorized representative of said agency. See Louisiana Revised Statutes 49:662
• State plan for medical assistance: means the plan promulgated by the department in accordance with its role as a designated state agency under Title XIX of the Social Security Act, or its successor plan including but not limited to block grants for medical care to the poor. See Louisiana Revised Statutes 40:1183.3
• State plan for medical assistance: means the plan promulgated by the department in accordance with its role as designated state agency under Title XIX of the Social Security Act, or its successor plan, including but not limited to any plan adopted pursuant to any federal law creating block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1189.3
• Statute: A law passed by a legislature.
• student: includes a graduate assistant, medical intern, and medical resident. See Louisiana Revised Statutes 11:952.1
• Summons: Another word for subpoena used by the criminal justice system.
• Telehealth: has the meaning ascribed in La. See Louisiana Revised Statutes 40:1255.1
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• University: means all campuses and divisions of the Louisiana State University and Agricultural and Mechanical College. See Louisiana Revised Statutes 11:952.1
• University Retirement Plan: means the nonfunded University Retirement Plan established pursuant to regulations of the board of supervisors as in effect on the effective date of this funded system. See Louisiana Revised Statutes 11:952.1
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.