Rhode Island General Laws > Chapter 2-5 – Federal Conservation Program


§ 2-5-1	Definitions
§ 2-5-2	Agency to administer state plan
§ 2-5-3	Formulation of plans – Purposes and contents
§ 2-5-4	Acceptance and use of federal funds
§ 2-5-5	Administrative powers of department
§ 2-5-6	Annual report
§ 2-5-7	Liability and obligations of state

Terms Used In Rhode Island General Laws > Chapter 2-5 - Federal Conservation Program

Acquired entity: means the entity, all of one or more classes or series of interests of which are acquired in an interest exchange. See Rhode Island General Laws 7-13.1-1101
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
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.
Allegation: something that someone says happened.
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.
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.
Assessment of pain: means the act of assessing an unpleasant sensation occurring in varying degrees of severity as a consequence of injury, disease, or emotional disorder. See Rhode Island General Laws 5-37.6-3
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Authorized representative: means :

(i) A person empowered by the patient to assert or to waive confidentiality, or to disclose or authorize the disclosure of confidential information, as established by this chapter. See Rhode Island General Laws 5-37.7-3
Authorized representative: means :

(i) A person empowered by the patient/client to assert or to waive the confidentiality, or to disclose or consent to the disclosure of confidential information, as established by this chapter. See Rhode Island General Laws 5-37.3-3
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}
Bequest: Property gifted by will.
Board of medical licensure and discipline: means the board created under chapter 37 of this title. See Rhode Island General Laws 5-37.3-3
Business associate: means a business associate as defined by HIPAA. See Rhode Island General Laws 5-37.7-3
Buyer: means a person who buys or contracts to buy goods. See Rhode Island General Laws 6A-2-103
Certificate of limited partnership: means the certificate required by § 7-13. See Rhode Island General Laws 7-13.1-102
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Confidential healthcare information: means all information relating to a patient's healthcare history, diagnosis, condition, treatment, or evaluation. See Rhode Island General Laws 5-37.7-3
Confidential healthcare information: means all information relating to a patient's healthcare history, diagnosis, condition, treatment, or evaluation obtained from a healthcare provider who has treated the patient. See Rhode Island General Laws 5-37.3-3
Contract: A legal written agreement that becomes binding when signed.
Conversion: means a transaction authorized by subpart 4. See Rhode Island General Laws 7-13.1-1101
Converting entity: means the domestic entity that approves a plan of conversion pursuant to § 7-13. See Rhode Island General Laws 7-13.1-1101
Conviction: A judgement of guilt against a criminal defendant.
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.
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Data-submitting partner: means an individual, organization, or entity who or that has entered into a business associate agreement with the RHIO and submits a patient's confidential healthcare information through the HIE. See Rhode Island General Laws 5-37.7-3
Decedent: A deceased person.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the department of environmental management of the state of Rhode Island. See Rhode Island General Laws 2-5-1
Department of health: means the Rhode Island department of health. See Rhode Island General Laws 5-37.7-3
Devise: To gift property by will.
Director: means the director of the department of health. See Rhode Island General Laws 5-37.6-3
Director: means the director of environmental management of the state of Rhode Island. See Rhode Island General Laws 2-5-1
Disclosure report: means a report generated by the HIE relating to the record of access to, review of, and/or disclosure of a patient's confidential healthcare information received, accessed, or held by the HIE. See Rhode Island General Laws 5-37.7-3
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Distributional interest: means the right under an unincorporated entity's organic law and organic rules to receive distributions from the entity. See Rhode Island General Laws 7-13.1-1101
Domestication: means a transaction authorized by subpart 5. See Rhode Island General Laws 7-13.1-1101
Electronic mobilization: means the capability to move confidential health information electronically between disparate healthcare information systems while maintaining the accuracy of the information being exchanged. See Rhode Island General Laws 5-37.7-3
Emergency: means the sudden onset of a medical, mental, or substance use, or other condition manifesting itself by acute symptoms of severity (e. See Rhode Island General Laws 5-37.7-3
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.
Foreign limited partnership: means an unincorporated entity formed under the law of a jurisdiction other than this state which would be a limited partnership if formed under the law of this state. See Rhode Island General Laws 7-13.1-102
Fraud: Intentional deception resulting in injury to another.
General partner: means a person that:

(i) Has become a general partner under § 7-13. See Rhode Island General Laws 7-13.1-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governance interest: means a right under the organic law or organic rules of an unincorporated entity, other than as a governor, agent, assignee, or proxy, to:

(i) Receive or demand access to information concerning, or the books and records of, the entity;

(ii) Vote for or consent to the election of the governors of the entity; or

(iii) Receive notice of or vote on or consent to an issue involving the internal affairs of the entity. See Rhode Island General Laws 7-13.1-1101
Governor: means :

(i) A director of a business corporation or an officer of a business corporation that has no board of directors;

(ii) A director or trustee of a nonprofit corporation;

(iii) A general partner of a general partnership;

(iv) A general partner of a limited partnership;

(v) A manager of a manager-managed limited liability company;

(vi) A member of a member-managed limited liability company;

(vii) A director of a general cooperative association;

(viii) A director of a limited cooperative association;

(ix) A manager of an unincorporated nonprofit association;

(x) A trustee of a statutory trust, business trust, or common-law business trust; or

(xi) Any other person under whose authority the powers of an entity are exercised and under whose direction the activities and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Rhode Island General Laws 7-13.1-1101
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
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 plan: means an individual plan or a group plan that provides, or pays the cost of, healthcare services for a patient. See Rhode Island General Laws 5-37.7-3
Healthcare provider: means any person or entity licensed by this state to provide or lawfully providing healthcare services, including, but not limited to, a physician, hospital, intermediate-care facility or other healthcare facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer, employee, or agent of that provider acting in the course and scope of his or her employment or agency related to or supportive of healthcare services. See Rhode Island General Laws 5-37.7-3
Healthcare provider: means any person licensed by this state to provide or lawfully providing healthcare services, including, but not limited to, a physician, hospital, intermediate-care facility or other healthcare facility, dentist, nurse, optometrist, podiatrist, physical therapist, psychiatric social worker, pharmacist, or psychologist, and any officer, employee, or agent of that provider acting in the course and scope of his or her employment or agency related to or supportive of health services. See Rhode Island General Laws 5-37.3-3
Healthcare services: means acts of diagnosis, treatment, medical evaluation, referral, or counseling, or any other acts that may be permissible under the healthcare licensing statutes of this state. See Rhode Island General Laws 5-37.7-3
Healthcare services: means acts of diagnosis, treatment, medical evaluation, or counseling or any other acts that may be permissible under the healthcare licensing statutes of this state. See Rhode Island General Laws 5-37.3-3
HIE: means the technical system operated, or to be operated, by the RHIO under state authority allowing for the statewide electronic mobilization of confidential healthcare information, pursuant to this chapter. See Rhode Island General Laws 5-37.7-3
HIPAA: means the Health Insurance Portability and Accountability Act of 1996, as amended. See Rhode Island General Laws 5-37.7-3
in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Interest: means :

(i) A share in a business corporation;

(ii) A membership in a nonprofit corporation;

(iii) A partnership interest in a general partnership;

(iv) A partnership interest in a limited partnership;

(v) A membership interest in a limited liability company;

(vi) A share in a general cooperative association;

(vii) A member's interest in a limited cooperative association;

(viii) A membership in an unincorporated nonprofit association;

(ix) A beneficial interest in a statutory trust, business trust, or common-law business trust; or

(x) A governance interest or distributional interest in any other type of unincorporated entity. See Rhode Island General Laws 7-13.1-1101
Interest exchange: means a transaction authorized by subpart 3. See Rhode Island General Laws 7-13.1-1101
Interest holder: means :

(i) A shareholder of a business corporation;

(ii) A member of a nonprofit corporation;

(iii) A general partner of a general partnership;

(iv) A general partner of a limited partnership;

(v) A limited partner of a limited partnership;

(vi) A member of a limited liability company;

(vii) A shareholder of a general cooperative association;

(viii) A member of a limited cooperative association;

(ix) A member of an unincorporated nonprofit association;

(x) A beneficiary or beneficial owner of a statutory trust, business trust, or common-law business trust; or

(xi) Any other direct holder of an interest. See Rhode Island General Laws 7-13.1-1101
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.
Jurisdiction of formation: means the jurisdiction whose law governs the internal affairs of an entity. See Rhode Island General Laws 7-13.1-102
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Limited partner: means a person that:

(i) Has become a limited partner under § 7-13. See Rhode Island General Laws 7-13.1-102
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Managed-care contractor: means a person that:

(i) Establishes, operates, or maintains a network of participating providers;

(ii) Conducts or arranges for utilization review activities; and

(iii) Contracts with an insurance company, a hospital or medical-service plan, an employer, an employee organization, or any other entity providing coverage for healthcare services to operate a managed-care plan. See Rhode Island General Laws 5-37.3-3
Managed-care entity: includes a licensed insurance company, hospital, or medical-service plan, health-maintenance organization, an employer or employee organization, or a managed-care contractor as described in subsection (6) of this section, that operates a managed-care plan. See Rhode Island General Laws 5-37.3-3
Managed-care plan: means a plan operated by a managed-care entity as described in subsection (7), that provides for the financing and delivery of healthcare services to persons enrolled in the plan through:

(i) Arrangements with selected providers to furnish healthcare services;

(ii) Explicit standards for the selection of participating providers;

(iii) Organizational arrangements for ongoing quality assurance, utilization-review programs, and dispute resolution; and

(iv) Financial incentives for persons enrolled in the plan to use the participating providers and procedures provided for by the plan. See Rhode Island General Laws 5-37.3-3
Medical peer-review board: means a peer-review board under chapter 37 of this title. See Rhode Island General Laws 5-37.3-3
Merger: means a transaction authorized by subpart 2. See Rhode Island General Laws 7-13.1-1101
Merging entity: means an entity that is a party to a merger and exists immediately before the merger becomes effective. See Rhode Island General Laws 7-13.1-1101
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Nurse: means a registered nurse or licensed practical nurse licensed to practice nursing in the state. See Rhode Island General Laws 5-37.3-3
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.
Opt out: means the ability of a patient to choose to not have their confidential healthcare information disclosed from HIE in accordance with § 5-37. See Rhode Island General Laws 5-37.7-3
Organic law: means the law of an entity's jurisdiction of formation governing the internal affairs of the entity. See Rhode Island General Laws 7-13.1-1101
Organic rules: means the public organic record and private organic rules of an entity. See Rhode Island General Laws 7-13.1-1101
Oversight: Committee review of the activities of a Federal agency or program.
Partner: means a limited partner or general partner. See Rhode Island General Laws 7-13.1-102
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.
Partnership agreement: means the agreement, whether or not referred to as a partnership agreement and whether oral, implied, in a record, or in any combination thereof, of all the partners of a limited partnership concerning the matters described in § 7-13. See Rhode Island General Laws 7-13.1-102
Patient: means a person who receives healthcare services from a provider participant. See Rhode Island General Laws 5-37.7-3
Patient: means a person who receives healthcare services from a healthcare provider. See Rhode Island General Laws 5-37.3-3
Person: means any individual, trust or estate, partnership, limited-liability corporation, corporation (including associations, joint stock companies, and insurance companies), state, or political subdivision or instrumentality of a state. See Rhode Island General Laws 5-37.6-3
Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, cooperative housing corporation, workers' cooperative, producers' cooperative, consumer's cooperative, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Rhode Island General Laws 7-13.1-102
person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
Personally identifiable confidential healthcare information: means confidential healthcare information, which explicitly or by implication identifies a particular patient. See Rhode Island General Laws 5-37.3-3
Physician: means a person registered or licensed to practice allopathic or osteopathic medicine in this state under Rhode Island general laws. See Rhode Island General Laws 5-37.3-3
Plan: means a plan of merger, plan of interest exchange, plan of conversion, or plan of domestication. See Rhode Island General Laws 7-13.1-1101
Plan of conversion: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
Plan of domestication: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
Plan of interest exchange: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
Plan of merger: means a plan under § 7-13. See Rhode Island General Laws 7-13.1-1101
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.
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Private organic rules: means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all its interest holders, and are not part of its public organic record, if any. See Rhode Island General Laws 7-13.1-1101
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Property: means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein. See Rhode Island General Laws 7-13.1-102
Provider participant: means a pharmacy, laboratory, healthcare provider, or health plan who or that is providing healthcare services or pays for the cost of healthcare services for a patient and/or is submitting and/or accessing healthcare information through the HIE and has executed an electronic and/or written agreement regarding disclosure, access, receipt, retention, or release of confidential healthcare information from the HIE. See Rhode Island General Laws 5-37.7-3
Psychiatric social worker: means a person holding a master's or further-advanced degree from a school of social work accredited by the council of social work education. See Rhode Island General Laws 5-37.3-3
Psychologist: means a certified psychologist under chapter 44 of this title. See Rhode Island General Laws 5-37.3-3
Public organic record: means the record the filing of which by the secretary of state is required to form an entity and any amendment to or restatement of that record. See Rhode Island General Laws 7-13.1-1101
Qualified personnel: means persons whose training and experience are appropriate to the nature and level of the work in which they are engaged and who, when working as part of an organization, are performing that work with published and adequate administrative safeguards against disclosure unauthorized under this chapter. See Rhode Island General Laws 5-37.3-3
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Regular basis: means a procedure done on a customary, usual, normal, orderly, even, or symmetrical schedule. See Rhode Island General Laws 5-37.6-3
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.
RHIO: means the organization designated as the RHIO by the state to provide administrative and operational support to the HIE. See Rhode Island General Laws 5-37.7-3
Secretary of agriculture: means the secretary of agriculture of the United States. See Rhode Island General Laws 2-5-1
Seller: means a person who sells or contracts to sell goods. See Rhode Island General Laws 6A-2-103
Soil conservation and domestic allotment act: means the federal soil conservation and domestic allotment act, 16 U. See Rhode Island General Laws 2-5-1
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 7-13.1-102
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
Summons: Another word for subpoena used by the criminal justice system.
Surviving entity: means the entity that continues in existence after or is created by a merger. See Rhode Island General Laws 7-13.1-1101
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third party: means a person other than the patient to whom the confidential healthcare information relates and other than a healthcare provider. See Rhode Island General Laws 5-37.3-3
town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
Trustee: A person or institution holding and administering property in trust.
United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8