Terms Used In Rhode Island General Laws > Chapter 23-17.11 - The Nursing Facilities Receivership Act

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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.
• Controlling person: means any person or entity in control of a nursing facility directly or indirectly, including:

  (i)  In the case of a corporation or a limited liability company, or limited liability partnership, a person having a beneficial ownership interest of five percent (5%) or more in the corporation, limited liability company or limited liability partnership to which the facility is licensed;

  (ii)  In the case of a general partnership or limited partnership, any general partner;

  (iii)  In the case of a limited liability company, or limited liability partnership any member;

  (iv)  A legal entity that operates or contracts with another person for the operation of a nursing facility or an owner thereof;

  (v)  Each of the president, vice president, secretary and treasurer of a corporation that is not exempt from taxation under § 501(a) of the United States Internal Revenue Code as an organization described in § 501(c)(3) of such code; and

  (vi)  Such other ownership interest or relationship as may be determined by the director. See Rhode Island General Laws 23-17.11-3

• 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.
• Department: means the department of health. See Rhode Island General Laws 23-17.11-3
• Director: means the director of the department of health. See Rhode Island General Laws 23-17.11-3
• Facility: means any nursing facilities as defined in chapter 17 of this title and the regulations adopted under chapter 17 of this title. See Rhode Island General Laws 23-17.11-3
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• Person: means any individual, trust or estate, partnership, limited liability company, limited liability partnership, corporation (including associations, joint stock companies and insurance companies), state or political subdivision or instrumentality of a state. See Rhode Island General Laws 23-17.11-3
• Resident: means a person who resides in a nursing facility as defined in chapter 17 of this title and the regulations adopted pursuant to chapter 17 of this title. See Rhode Island General Laws 23-17.11-3
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8