§ 5-10-1 Definitions
§ 5-10-2 Creation of division of professional regulation and board of barbering and hairdressing – Powers and duties
§ 5-10-3 Board of barbering and hairdressing – Appointments – Organization – Removal of members
§ 5-10-4 Board of barbering and hairdressing – Compensation of members
§ 5-10-5
§ 5-10-6 Meetings of board – Time and notice of examinations
§ 5-10-7 License required for practice
§ 5-10-8 Issuance of licenses – Qualifications of applicants
§ 5-10-9 Classes of licenses
§ 5-10-9.1 License portability
§ 5-10-10 Application form – Fee – Expiration and renewal of licenses – Fees
§ 5-10-11 Persons licensed in other states
§ 5-10-12
§ 5-10-13
§ 5-10-14
§ 5-10-15 Licensing of shops
§ 5-10-16
§ 5-10-19 Application forms
§ 5-10-20 Electrolysis not permitted by license
§ 5-10-21 Advertising
§ 5-10-22
§ 5-10-23 Fixed place of business
§ 5-10-24
§ 5-10-25 Inspection powers of the division – Denial of access
§ 5-10-26 Revocation or suspension of license, permit, or certificate
§ 5-10-27 Reinstatement after revocation or suspension
§ 5-10-28 Appeals
§ 5-10-29 Persons exempt from chapter
§ 5-10-30 Penalty for violations
§ 5-10-31 Prosecution of violations
§ 5-10-32 Enforcement of chapter
§ 5-10-33 Payment of fees
§ 5-10-34
§ 5-10-35 Severability
§ 5-10-36 Receipts
§ 5-10-39 Demonstrator’s permit

Terms Used In Rhode Island General Laws > Chapter 5-10 - Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians

  • Administrator: means a person who directly or indirectly solicits or effects coverage of, underwrites, collects charges or premiums from, or adjusts or settles claims on residents of this state, or residents of another state from offices in this state, in connection with life or health insurance coverage or annuities, except any of the following:

    (i)  An employer on behalf of its employees or the employees of one or more subsidiaries or affiliated corporations of the employer;

    (ii)  A union on behalf of its members;

    (iii)  An insurer which is authorized to transact insurance in this state with respect to a policy lawfully issued and delivered in and pursuant to the laws of this state or another state;

    (iv)  A producer licensed to sell life or health insurance in this state, whose activities are limited exclusively to the sale of insurance;

    (v)  A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;

    (vi)  A trust and its trustees, agents and employees acting pursuant to the trust established in conformity with 29 U. See Rhode Island General Laws 27-20.7-2

  • Adverse benefit determination: means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. See Rhode Island General Laws 27-18.8-2
  • Adverse benefit determination: means a decision not to authorize a healthcare service, including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole or in part, for a benefit. See Rhode Island General Laws 27-18.9-2
  • 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.
  • affiliated: means an entity or person who directly or indirectly through one or more intermediaries controls or is controlled by, or is under common control with, a specified entity or person. See Rhode Island General Laws 27-20.7-2
  • Affiliation period: means a period which, under the terms of the health insurance coverage offered by a health maintenance organization, must expire before the health insurance coverage becomes effective. See Rhode Island General Laws 27-18.6-2
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Affordable Care Act: means the federal Patient Protection and Affordable Care Act of 2010, as amended by the federal Health Care and Education Reconciliation Act of 2010, and federal regulations adopted thereunder;

    (4)  "Commissioner" or "health insurance commissioner" means that individual appointed pursuant to § 42-14. See Rhode Island General Laws 27-19-1

  • Affordable Care Act: means the federal Patient Protection and Affordable Care Act of 2010, as amended by the federal Health Care and Education Reconciliation Act of 2010, and federal regulations adopted thereunder;

    (3)  "Certified registered nurse practitioners" is an expanded role utilizing independent knowledge of physical assessment and management of health care and illnesses. See Rhode Island General Laws 27-20-1

  • 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.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Applicant: means a commercial run-off insurer applying under § 27-14. See Rhode Island General Laws 27-14.5-1
  • Apprentice barber: means an employee whose principal occupation is service with a barber who has held a current license as a barber for at least three (3) years with a view to learning the art of barbering, as defined in subsection (14). See Rhode Island General Laws 5-10-1
  • 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
  • Assessment deficit: means the amount that the assessment for the previous year under § 27-14. See Rhode Island General Laws 27-14.5-1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assumption policyholder: means a policyholder whose policy is reinsured under an assumption reinsurance agreement between the applicant and a reinsurer. See Rhode Island General Laws 27-14.5-1
  • Assumption reinsurance agreement: has the meaning given in § 27-53. See Rhode Island General Laws 27-14.5-1
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorization: means a review by a review agent, performed according to this chapter, concluding that the allocation of healthcare services ordered by a provider, given or proposed to be given to a beneficiary, was approved or authorized. See Rhode Island General Laws 27-18.9-2
  • Authorized representative: means an individual acting on behalf of the beneficiary and shall include: the ordering provider; any individual to whom the beneficiary has given express written consent to act on his or her behalf; a person authorized by law to provide substituted consent for the beneficiary; and, when the beneficiary is unable to provide consent, a family member of the beneficiary. See Rhode Island General Laws 27-18.8-2
  • Authorized representative: means an individual acting on behalf of the beneficiary and shall include: the ordering provider; any individual to whom the beneficiary has given express written consent to act on his or her behalf; a person authorized by law to provide substituted consent for the beneficiary; and, when the beneficiary is unable to provide consent, a family member of the beneficiary. See Rhode Island General Laws 27-18.9-2
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Barber: means any person who shaves or trims the beard; waves, dresses, singes, shampoos, or dyes the hair; or applies hair tonics, cosmetic preparations, antiseptics, powders, oil clays, or lotions to the scalp, face, or neck of any person; or cuts the hair of any person; gives facial and scalp massages; or treatments with oils, creams, lotions, or other preparations. See Rhode Island General Laws 5-10-1
  • 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: has the meaning given that term under section 3(8) of the Employee Retirement Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2
  • Beneficiary: means a policy holder subscriber, enrollee, or other individual participating in a health benefit plan. See Rhode Island General Laws 27-18.8-2
  • Beneficiary: means a policy-holder subscriber, enrollee, or other individual participating in a health-benefit plan. See Rhode Island General Laws 27-18.9-2
  • Benefit determination: means a decision to approve or deny a request to provide or make payment for a healthcare service. See Rhode Island General Laws 27-18.8-2
  • Benefit determination: means a decision to approve or deny a request to provide or make payment for a healthcare service or treatment. See Rhode Island General Laws 27-18.9-2
  • Board: means the state board of barbering and hairdressing as provided for in this chapter. See Rhode Island General Laws 5-10-1
  • Bona fide association: means , with respect to health insurance coverage in this state, an association which:

    (i)  Has been actively in existence for at least five (5) years;

    (ii)  Has been formed and maintained in good faith for purposes other than obtaining insurance;

    (iii)  Does not condition membership in the association on any health status-relating factor relating to an individual (including an employee of an employer or a dependent of an employee);

    (iv)  Makes health insurance coverage offered through the association available to all members regardless of any health status-related factor relating to the members (or individuals eligible for coverage through a member);

    (v)  Does not make health insurance coverage offered through the association available other than in connection with a member of the association;

    (vi)  Is composed of persons having a common interest or calling;

    (vii)  Has a constitution and bylaws; and

    (viii)  Meets any additional requirements that the director may prescribe by regulation;

    (4)  "COBRA continuation provision" means any of the following:

    (i)  Section 4980(B) of the Internal Revenue Code of 1986, 26 U. See Rhode Island General Laws 27-18.6-2

  • carrier: means any entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the director, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation, an insurance company offering accident and sickness insurance, a health maintenance organization, a nonprofit hospital, medical or dental service corporation, or any other entity providing a plan of health insurance or health benefits by which healthcare services are paid or financed for an eligible individual or his or her dependents by such entity on the basis of a periodic premium, paid directly or through an association, trust, or other intermediary, and issued, renewed, or delivered within or without Rhode Island to cover a natural person who is a resident of this state, including a certificate issued to a natural person that evidences coverage under a policy or contract issued to a trust or association;

    (9)(i)  "Health insurance coverage" means a policy, contract, certificate, or agreement offered by a health insurance carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services. See Rhode Island General Laws 27-18.5-2

  • carrier: means any entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the director, that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including, without limitation, an insurance company offering accident and sickness insurance, a health maintenance organization, a nonprofit hospital, medical or dental service corporation, or any other entity providing a plan of health insurance, health benefits, or health services;

    (15)(i)  "Health insurance coverage" means a policy, contract, certificate, or agreement offered by a health insurance carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. See Rhode Island General Laws 27-18.6-2

  • Certificate: means a certificate granted by the commissioner to a healthcare entity meeting the requirements of this chapter. See Rhode Island General Laws 27-18.8-2
  • Certificate: means a certificate granted by the commissioner to a review agent meeting the requirements of this chapter. See Rhode Island General Laws 27-18.9-2
  • Certified registered nurse practitioners: is a n expanded role utilizing independent knowledge of physical assessment and management of health care and illnesses. See Rhode Island General Laws 27-20-1
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Church plan: has the meaning given that term under section 3(33) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2
  • Claim: means a request for plan benefit(s) made by a claimant in accordance with the healthcare entity's reasonable procedures for filing benefit claims. See Rhode Island General Laws 27-18.9-2
  • Claimant: means a healthcare entity participant, beneficiary, and/or authorized representative who makes a request for plan benefit(s). See Rhode Island General Laws 27-18.9-2
  • Class of creditors: means :

    (i)  All voting policyholders, including those without known claims;

    (ii)  Voting creditors, other than policyholders; or

    (iii)  Any separate class of creditors as the court may in its discretion determine should approve the commutation plan. See Rhode Island General Laws 27-14.5-1

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial run-off insurer: means :

    (i)  A run-off insurer domiciled in Rhode Island, or the protected cell of the insurer, whose business, excluding all business subject to an assumption reinsurance agreement, includes only the reinsuring of any line(s) of business other than life and/or the insuring of any line(s) of business other than life, workers' compensation, and personal lines insurance; or

    (ii)  A Rhode Island domestic insurance company, or the protected cell of that insurer, meeting the requirements of subsection (i) whose liabilities consist of commercial liabilities transferred to said company with the approval of the commissioner and pursuant to the regulations issued by the department under this chapter. See Rhode Island General Laws 27-14.5-1

  • Commissioner: means the director of the department. See Rhode Island General Laws 27-14.5-1
  • Commissioner: means the health insurance commissioner;

    (4)  "Creditable coverage" has the same meaning as defined in the United States Public Health Service Act, Section 2701(c), 42 U. See Rhode Island General Laws 27-18.5-2

  • Commissioner: means the commissioner of the office of the health insurance commissioner. See Rhode Island General Laws 27-18.8-2
  • Commissioner: means the health insurance commissioner. See Rhode Island General Laws 27-18.9-2
  • Commissioner: means the commissioner of insurance. See Rhode Island General Laws 27-20.7-2
  • 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.
  • Commutation plan: means a plan for extinguishing the outstanding liabilities of a commercial run-off insurer. See Rhode Island General Laws 27-14.5-1
  • Company: means a person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory or taxing authority of the director;

    (2)  "Department" means the department of business regulation;

    (3)  "Director" means the director of the department of business regulation of this state or his or her designee;

    (4)  "Examiner" means an individual or firm having been authorized by the director to conduct an examination or financial analysis under this chapter;

    (5)  "Insurer" means any insurance company doing business in this state; and

    (6)  "Person" means an individual, aggregation of individuals, trust, association, partnership or corporation, or any affiliate thereof. See Rhode Island General Laws 27-13.1-2

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent claim: means a request for a plan benefit(s) by a claimant that is for an ongoing course of treatment or services over a period of time or for the number of treatments. See Rhode Island General Laws 27-18.9-2
  • Consent: means agreement to administrative supervision by the insurer;

    (2)  "Exceeded its powers" means the following conditions:

    (i)  The insurer has refused to permit examination of its books, papers, accounts, records, or affairs by the commissioner, his or her deputies, employees or duly commissioned examiners;

    (ii)  A domestic insurer has unlawfully removed from this state books, papers, accounts, or records necessary for an examination of the insurer;

    (iii)  The insurer has failed to promptly comply with the applicable financial reporting statutes or rules and departmental requests relating thereto;

    (iv)  The insurer has neglected or refused to observe an order of the commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus;

    (v)  The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner;

    (vi)  The insurer, by contract or otherwise, has unlawfully or has in violation of an order of the commissioner or has without first having obtained written approval of the commissioner if approval is required by law:

    (A)  Totally reinsured its entire outstanding business; or

    (B)  Merged or consolidated substantially its entire property or business with another insurer;

    (vii)  The insurer engaged in any transaction in which it is not authorized to engage under the laws of this state; or

    (viii)  The insurer refused to comply with a lawful order of the commissioner;

    (3)  "Insurer" means and includes every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or of annuities as limited to:

    (i)  Any insurer who is doing an insurer business, or has transacted insurance in this state, and against whom claims arising from that transaction may exist now or in the future; and

    (ii)  Any fraternal benefit society which is subject to the provisions of this title; and

    (iii)  Any insurer writing "mono line business" which means any insurer, which deals exclusively in surety bonding. See Rhode Island General Laws 27-14.1-1

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting hospital: means an eligible hospital which has contracted with a nonprofit hospital service corporation to render hospital care to subscribers to the nonprofit hospital service plan operated by the corporation;

    (2)  "Adverse benefit determination" means any of the following: a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit, including any such denial, reduction, termination, or failure to provide or make payment that is based on a determination of an individual's eligibility to participate in a plan or to receive coverage under a plan, and including, with respect to group health plans, a denial, reduction, or termination of, or a failure to provide or make payment (in whole or in part) for, a benefit resulting from the application of any utilization review, as well as a failure to cover an item or service for which benefits are otherwise provided because it is determined to be experimental or investigational or not medically necessary or appropriate. See Rhode Island General Laws 27-19-1

  • 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.
  • Counselor in mental health: means a person who has been licensed pursuant to §?5-63. See Rhode Island General Laws 27-20-1
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • covered benefits: means coverage or benefits for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body including coverage or benefits for transportation primarily for and essential thereto, and including medical services as defined in § 27-19-17;

    (11)  "Healthcare facility" means an institution providing healthcare services or a healthcare setting, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings;

    (12)  "Healthcare professional" means a physician or other healthcare practitioner licensed, accredited or certified to perform specified healthcare services consistent with state law;

    (13)  "Healthcare provider" or "provider" means a healthcare professional or a healthcare facility;

    (14)  "Healthcare services" means services for the diagnosis, prevention, treatment, cure or relief of a health condition, illness, injury or disease;

    (15)  "Health insurance carrier" means a person, firm, corporation or other entity subject to the jurisdiction of the commissioner under this chapter, and includes nonprofit hospital service corporations. See Rhode Island General Laws 27-19-1

  • covered benefits: means coverage or benefits for the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body including coverage or benefits for transportation primarily for and essential thereto, and including medical services as defined in §?27-19-17;

    (11)  "Healthcare facility" means an institution providing healthcare services or a healthcare setting, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings. See Rhode Island General Laws 27-20-1

  • Creditor: means :

    (i)  Any person who has a claim against the applicant; or

    (ii)  A policyholder other than an assumption policyholder. See Rhode Island General Laws 27-14.5-1

  • Cross examine: Questioning of a witness by the attorney for the other side.
  • 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.
  • Delegate: means a person or entity authorized pursuant to a delegation of authority or directly or re-delegation of authority, by a healthcare entity or network plan to perform one or more of the functions and responsibilities of a healthcare entity and/or network plan set forth in this chapter or regulations or guidance promulgated thereunder. See Rhode Island General Laws 27-18.8-2
  • Dental service: means the professional services rendered by persons duly licensed under the laws of this state to practice dentistry, and prosthetic dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth, prosthetic appliances, orthodontic appliances, precious metal, and ceramic restorations, necessary in connection with the services and supplied by licensed persons, and drugs, medicines, supplies, and nursing care necessary in connection with the services, or expense indemnity for the services, prosthetic dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth, prosthetic appliances, orthodontic appliances, precious metal and ceramic restorations, drugs, medicines, supplies, and care, as may be specified in any nonprofit dental service plan. See Rhode Island General Laws 27-20.1-1
  • Department: means the Rhode Island department of health. See Rhode Island General Laws 5-10-1
  • Department: means the department of business regulation. See Rhode Island General Laws 27-14.5-1
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the department of business regulation;

    (6)  "Eligible individual" means an individual:

    (i)  For whom, as of the date on which the individual seeks coverage under this chapter, the aggregate of the periods of creditable coverage is eighteen (18) or more months and whose most recent prior creditable coverage was under a group health plan, a governmental plan established or maintained for its employees by the government of the United States or by any of its agencies or instrumentalities, or church plan (as defined by the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.5-2

  • Director: means the director of the department of business regulation;

    (8)  "Employee" has the meaning given that term under section 3(6) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2

  • Director: means the director of the department of business regulation;

    (2)  "Individual contract" means any health benefit contract that is not a group contract;

    (3)  "Insurer" means every medical service corporation, hospital service corporation, health maintenance organization licensed under chapter 41 of this title or as defined in § 42-62-4, or insurance company offering and/or insuring health services;

    (4)  "Late enrollee" means a person who requests enrollment in a group plan following the initial enrollment period provided under the terms of the plan, except that a person is not a late enrollee if:

    (i)  The request for enrollment is made within thirty (30) days after the termination of coverage under a prior contract or policy and the individual did not request coverage initially under the succeeding contract because that individual was covered under a prior contract and coverage under that contract ceased due to termination of employment, death of a spouse, or divorce; or

    (ii)  A court has ordered that coverage be provided for a spouse or minor child under a covered employee's plan and the request for coverage is made within thirty (30) days after issuance of the court order;

    (5)  "Prior contract" means the group or individual health benefit contract or health benefit plan that previously covered the person;

    (6)  "Replacement contract" means a total group health benefit contract which replaces another total group health benefit contract;

    (7)  "Succeeding contract" means the group health benefit contract under which the person is seeking coverage or a different health benefit plan under the same group health benefit contract; and

    (8)  "Total group contract" means a health benefit contract for the coverage of all eligible members of the employer health plan. See Rhode Island General Laws 27-20.4-3

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the division of professional regulation within the department of health. See Rhode Island General Laws 5-10-1
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: has the meaning given that term under section 3(6) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2
  • Employer: has the meaning given that term under section 3(5) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2
  • Enrollment date: means , with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for the enrollment;

    (11)  "Governmental plan" has the meaning given that term under section 3(32) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Esthetician: means a person who engages in the practice of esthetics, and is licensed as an esthetician. See Rhode Island General Laws 5-10-1
  • Esthetics: means the practice of cleansing, stimulating, manipulating, and beautifying skin, including, but not limited to, the treatment of such skin problems as dehydration, temporary capillary dilation, excessive oiliness, and clogged pores. See Rhode Island General Laws 5-10-1
  • 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.
  • Executor: A male person named in a will to carry out the decedent
  • External review: means a review of a non-administrative adverse benefit determination (including final internal adverse benefit determination) conducted pursuant to an applicable external review process performed by an independent review organization. See Rhode Island General Laws 27-18.9-2
  • External review decision: means a determination by an independent review organization at the conclusion of the external review. See Rhode Island General Laws 27-18.9-2
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Governmental plan: has the meaning given that term under section 3(32) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2
  • Grandfathered health plan: means any group health plan or health insurance coverage subject to 42 U. See Rhode Island General Laws 27-19-1
  • Grandfathered health plan: means any group health plan or health insurance coverage subject to 42 U. See Rhode Island General Laws 27-20-1
  • Grantor: The person who establishes a trust and places property into it.
  • Group health insurance coverage: means , in connection with a group health plan, health insurance coverage offered in connection with that plan;

    (13)  "Group health plan" means an employee welfare benefits plan as defined in section 3(1) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2

  • Group health insurance coverage: means , in connection with a group health plan, health insurance coverage offered in connection with such plan;

    (9)  "Group health plan" means an employee welfare benefit plan as defined 29 U. See Rhode Island General Laws 27-19-1

  • Group health insurance coverage: means , in connection with a group health plan, health insurance coverage offered in connection with such plan. See Rhode Island General Laws 27-20-1
  • Group health plan: means an employee welfare benefit plan as defined in section 3(1) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.5-2
  • Group health plan: means an employee welfare benefit plan as defined in 29 U. See Rhode Island General Laws 27-20-1
  • Guarantee association: means a guarantee association or foreign guarantee association, as those terms are defined in § 27-14. See Rhode Island General Laws 27-14.5-1
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • Hairdresser and cosmetician: means any person who arranges, dresses, curls, cuts, waves, singes, bleaches, or colors the hair or treats the scalp, or manicures the nails of any person, either with or without compensation, or who, by the use of the hands or appliances, or of cosmetic preparations, antiseptics, tonics, lotions, creams, powders, oils or clays, engages, with or without compensation, in massaging, cleansing, stimulating, manipulating, exercising, or beautifying, or in doing similar work upon the neck, face, or arms, or who removes superfluous hair from the body of any person. See Rhode Island General Laws 5-10-1
  • health benefit plan: means health insurance coverage and a group health plan, including coverage provided through an association plan if it covers Rhode Island residents. See Rhode Island General Laws 27-19-1
  • health benefit plan: means health insurance coverage and a group health plan, including coverage provided through an association plan if it covers Rhode Island residents. See Rhode Island General Laws 27-20-1
  • Health insurance carrier: means a person, firm, corporation or other entity subject to the jurisdiction of the commissioner under this chapter, and includes a nonprofit medical service corporation. See Rhode Island General Laws 27-20-1
  • health insurance commissioner: means that individual appointed pursuant to §?42-14. See Rhode Island General Laws 27-20-1
  • health plan: means a policy, contract, certificate, or agreement entered into, offered, or issued by a healthcare entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services. See Rhode Island General Laws 27-18.8-2
  • health plan: means a policy, contract, certificate, or agreement entered into, offered, or issued by a healthcare entity to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services. See Rhode Island General Laws 27-18.9-2
  • Health status-related factor: means any of the following factors:

    (i)  Health status;

    (ii)  Medical condition, including both physical and mental illnesses;

    (iii)  Claims experience;

    (iv)  Receipt of health care;

    (v)  Medical history;

    (vi)  Genetic information;

    (vii)  Evidence of insurability, including conditions arising out of acts of domestic violence; and

    (viii)  Disability;

    (11)  "High-risk individuals" means those individuals who do not pass medical underwriting standards due to high healthcare needs or risks;

    (12)  "Individual market" means the market for health insurance coverage offered to individuals other than in connection with a group health plan;

    (13)  "Network plan" means health insurance coverage offered by a health insurance carrier under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the carrier;

    (14)  "Preexisting condition" means, with respect to health insurance coverage, a condition (whether physical or mental), regardless of the cause of the condition, that was present before the date of enrollment for the coverage, for which medical advice, diagnosis, care, or treatment was recommended or received within the six-month (6) period ending on the enrollment date. See Rhode Island General Laws 27-18.5-2

  • Health status-related factor: means any of the following factors:

    (i)  Health status;

    (ii)  Medical condition, including both physical and mental illnesses;

    (iii)  Claims experience;

    (iv)  Receipt of health care;

    (v)  Medical history;

    (vi)  Genetic information;

    (vii)  Evidence of insurability, including contributions arising out of acts of domestic violence; and

    (viii)  Disability;

    (18)  "Large employer" means, in connection with a group health plan with respect to a calendar year and a plan year, an employer who employed an average of at least fifty-one (51) employees on business days during the preceding calendar year and who employs at least two (2) employees on the first day of the plan year. See Rhode Island General Laws 27-18.6-2

  • Healthcare entity: means an insurance company licensed, or required to be licensed, by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing health insurance, accident and sickness insurance, health benefits, or healthcare services. See Rhode Island General Laws 27-18.8-2
  • Healthcare entity: means an insurance company licensed, or required to be licensed, by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the jurisdiction of the department of business regulation pursuant to chapter 62 of Title 42, that contracts or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including, without limitation: a for-profit or nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, a health insurance company, or any other entity providing a plan of health insurance, accident and sickness insurance, health benefits, or healthcare services. See Rhode Island General Laws 27-18.9-2
  • Healthcare professional: means a physician or other healthcare practitioner licensed, accredited or certified to perform specified healthcare services consistent with state law. See Rhode Island General Laws 27-20-1
  • Healthcare services: means and includes, but is not limited to: an admission, diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care services, activities, or supplies that are covered by the beneficiary's health benefit plan. See Rhode Island General Laws 27-18.8-2
  • Healthcare services: means and includes, but is not limited to: an admission, diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care services, activities, or supplies that are covered by the beneficiary's health-benefit plan. See Rhode Island General Laws 27-18.9-2
  • Healthcare services: means services for the diagnosis, prevention, treatment, cure or relief of a health condition, illness, injury or disease. See Rhode Island General Laws 27-20-1
  • Implementation order: means an order under § 27-14. See Rhode Island General Laws 27-14.5-1
  • 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
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Instructor: means any person licensed as an instructor under the provisions of this chapter. See Rhode Island General Laws 5-10-1
  • insurance coverage: means any coverage offered or provided by an insurer. See Rhode Island General Laws 27-20.7-2
  • Insurer: has the meaning given in § 27-14. See Rhode Island General Laws 27-14.5-1
  • Insurer: includes all persons, firms or corporations offering and/or insuring health services on a prepaid basis, including, but not limited to, policies of accident and sickness insurance as defined by chapter 18 of this title, nonprofit hospital or medical service plans as defined by chapters 19 and 20 of this title, or any other entity whose primary function is to provide diagnostic, therapeutic or preventive services to a defined population on the basis of a periodic premium. See Rhode Island General Laws 27-20.7-2
  • internal appeal: means a subsequent review of an adverse benefit determination upon request by a claimant to include the beneficiary or provider to reconsider all or part of the original adverse benefit determination. See Rhode Island General Laws 27-18.9-2
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • IRO: means an entity that conducts independent external reviews of adverse benefit determinations or final internal adverse benefit determinations. See Rhode Island General Laws 27-18.9-2
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • 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.
  • Large group market: means the health insurance market under which individuals obtain health insurance coverage (directly or through any arrangement) on behalf of themselves (and their dependents) through a group health plan maintained by a large employer;

    (20)  "Late enrollee" means, with respect to coverage under a group health plan, a participant or beneficiary who enrolls under the plan other than during:

    (i)  The first period in which the individual is eligible to enroll under the plan; or

    (ii)  A special enrollment period;

    (21)  "Medical care" means amounts paid for:

    (i)  The diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body;

    (ii)  Amounts paid for transportation primarily for and essential to medical care referred to in paragraph (i) of this subdivision; and

    (iii)  Amounts paid for insurance covering medical care referred to in paragraphs (i) and (ii) of this subdivision;

    (22)  "Network plan" means health insurance coverage offered by a health insurance carrier under which the financing and delivery of medical care including items and services paid for as medical care are provided, in whole or in part, through a defined set of providers under contract with the carrier;

    (23)  "Participant" has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2

  • 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 service: means the professional services rendered by persons duly licensed under the laws of this state to engage in the practice of law who have agreed to perform services as may be specified under any nonprofit prepaid legal service plan, and to accept payment for the services on the basis provided in the plan. See Rhode Island General Laws 27-20.3-1
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed midwife: means any midwife licensed under §?23-13-9;

    (18)  "Medical services" means those professional services rendered by persons duly licensed under the laws of this state to practice medicine, surgery, chiropractic, podiatry, and other professional services rendered by a licensed midwife, certified registered nurse practitioners, and psychiatric and mental health nurse clinical specialists, and appliances, drugs, medicines, supplies, and nursing care necessary in connection with the services, or the expense indemnity for the services, appliances, drugs, medicines, supplies, and care, as may be specified in any nonprofit medical service plan. See Rhode Island General Laws 27-20-1

  • 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.
  • Manicurist: means any person who engages in manicuring for compensation and is duly licensed as a manicurist. See Rhode Island General Laws 5-10-1
  • Medical services: as used in this chapter means professional services rendered by physicians, dentists, podiatrists, or other providers of health services for any medical, dental, surgical, and other health services as may lawfully be rendered by them to subscribers; the term includes appliances, drugs, medicines, supplies, and nursing care necessary in connection with those services, or the expense indemnity for those services, appliances, drugs, medicines, supplies, and care, as may be specified in any nonprofit medical service plan. See Rhode Island General Laws 27-19-17
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Most-favored-rate clause: means a provision in a provider contract whereby the rates or fees to be paid by a healthcare entity are fixed, established, or adjusted to be equal to or lower than the rates or fees paid to the provider by any other healthcare entity. See Rhode Island General Laws 27-18.8-2
  • Network: means the group or groups of participating providers providing healthcare services under a network plan. See Rhode Island General Laws 27-18.8-2
  • Network: means the group or groups of participating providers providing healthcare services under a network plan. See Rhode Island General Laws 27-18.9-2
  • Network plan: means a health benefit plan or health plan that either requires a beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the providers managed, owned, under contract with, or employed by the healthcare entity. See Rhode Island General Laws 27-18.8-2
  • Network plan: means a health-benefit plan or health plan that either requires a beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the providers managed, owned, under contract with, or employed by the healthcare entity. See Rhode Island General Laws 27-18.9-2
  • 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.
  • Nonprofit dental service corporation: means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining, and operating a nonprofit dental service plan;

    (3)  "Nonprofit dental service plan" means a plan by which specified dental service is provided to subscribers to the plan by a nonprofit dental service corporation; and

    (4)  "Subscribers" means those persons or groups of persons who contract with a nonprofit dental service corporation for dental service pursuant to a nonprofit dental service plan. See Rhode Island General Laws 27-20.1-1

  • Nonprofit hospital service corporation: means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining, and operating a nonprofit hospital service plan;

    (18)  "Nonprofit hospital service plan" means a plan by which specified hospital care is to be provided to subscribers to the plan by a contracting hospital;

    (19)  "Office of the health insurance commissioner" means the agency established under § 42-14. See Rhode Island General Laws 27-19-1

  • Nonprofit medical service corporation: means any corporation organized pursuant hereto for the purpose of establishing, maintaining, and operating a nonprofit medical service plan;

    (20)  "Nonprofit medical service plan" means a plan by which specified medical service is provided to subscribers to the plan by a nonprofit medical service corporation;

    (21)  "Office of the health insurance commissioner" means the agency established under §?42-14. See Rhode Island General Laws 27-20-1

  • Nonprofit optometric service corporation: means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining, and operating a nonprofit optometric service plan;

    (2)  "Nonprofit optometric service plan" means a plan by which specified optometric service is provided to subscribers to the plan by a nonprofit optometric service corporation;

    (3)  "Optometric service" means the professional services rendered by persons duly licensed under the laws of this state to practice optometry or the expense indemnity for the services, appliances, supplies, and care as may be specified in any nonprofit optometric service plan. See Rhode Island General Laws 27-20.2-1

  • Nonprofit prepaid legal service corporation: means any corporation organized pursuant to this chapter for the purpose of establishing, maintaining, and operating a nonprofit prepaid legal services plan;

    (3)  "Nonprofit prepaid legal services plan" means any plan by which reimbursement for specified legal services is provided to participating attorneys or subscribers to the plan by a nonprofit prepaid legal service corporation, and the plan shall be open for participation to all qualified, practicing members of the Rhode Island Bar Association; and

    (4)  "Subscribers" means those persons or groups of persons who shall contract with a nonprofit legal service corporation for reimbursement for specified legal services pursuant to a nonprofit legal services plan. See Rhode Island General Laws 27-20.3-1

  • Oath: A promise to tell the truth.
  • oath: includes affirmation; the word "sworn" includes affirmed; and the word "engaged" includes either sworn or affirmed. See Rhode Island General Laws 43-3-11
  • 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: means the office of the health insurance commissioner. See Rhode Island General Laws 27-18.8-2
  • Office: means the office of the health insurance commissioner. See Rhode Island General Laws 27-18.9-2
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participant: has the meaning given such term under section 3(7) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2
  • 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 an individual, corporation, partnership, association, joint stock company, trust, unincorporated organization, or any similar entity or any combination of the foregoing acting in concert. See Rhode Island General Laws 27-14.5-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal lines insurance: means insurance issued for personal, family, or household purposes. See Rhode Island General Laws 27-14.5-1
  • Placed for adoption: means , in connection with any placement for adoption of a child with any person, the assumption and retention by that person of a legal obligation for total or partial support of the child in anticipation of adoption of the child. See Rhode Island General Laws 27-18.6-2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan sponsor: has the meaning given that term under section 3(16)(B) of the Employee Retirement Income Security Act of 1974, 29 U. See Rhode Island General Laws 27-18.6-2
  • 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.
  • Policy: means a contract of insurance or a contract of reinsurance. See Rhode Island General Laws 27-14.5-1
  • Policyholder: means an insured or a reinsured of the insurer. See Rhode Island General Laws 27-14.5-1
  • 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
  • Practice of barbering: means the engaging by any licensed barber in all, or any combination of, the following practices: shaving or trimming the beard or cutting the hair; giving facial and scalp massages or treatments with oils, creams, lotions, or other preparations, either by hand or mechanical appliances; singeing, shampooing, arranging, dressing, curling, waving, chemical waving, hair relaxing, or dyeing the hair or applying hair tonics; or applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, or neck. See Rhode Island General Laws 5-10-1
  • Practice of hairdressing and cosmetic therapy: means the engaging by any licensed hairdresser and cosmetician in any one or more of the following practices: the application of the hands or of mechanical or electrical apparatus, with or without cosmetic preparations, tonics, lotions, creams, antiseptics, or clays, to massage, cleanse, stimulate, manipulate, exercise, or otherwise to improve or to beautify the scalp, face, neck, shoulders, arms, bust, or upper part of the body; or the manicuring of the nails of any person; or the removing of superfluous hair from the body of any person; or the arranging, dressing, curling, waving, weaving, cleansing, cutting, singeing, bleaching, coloring, or similarly treating the hair of any person. See Rhode Island General Laws 5-10-1
  • Practice of manicuring: means the cutting, trimming, polishing, tinting, coloring, or cleansing the nails of any person. See Rhode Island General Laws 5-10-1
  • Pre-service claim: means the request for a plan benefit(s) by a claimant prior to a service being rendered and is not considered a concurrent claim. See Rhode Island General Laws 27-18.9-2
  • Preexisting condition exclusion: means , with respect to health insurance coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for the coverage, whether or not any medical advice, diagnosis, care or treatment was recommended or received before the date; and

    (27)  "Waiting period" means, with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan. See Rhode Island General Laws 27-18.6-2

  • Professional provider: means an individual provider or healthcare professional licensed, accredited, or certified to perform specified healthcare services consistent with state law and who provides these healthcare services and is not part of a separate facility or institutional contract. See Rhode Island General Laws 27-18.8-2
  • Professional provider: means an individual provider or healthcare professional licensed, accredited, or certified to perform specified healthcare services consistent with state law and who provides healthcare services and is not part of a separate facility or institutional contract. See Rhode Island General Laws 27-18.9-2
  • Proportionate share: means , for a particular run-off insurer as of December 31 of the previous year, the ratio of:

    (i)  The gross assets of that run-off insurer; to

    (ii)  The gross assets of all run-off insurers, other than those that were not domiciled in Rhode Island on March 15 of that calendar year. See Rhode Island General Laws 27-14.5-1

  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Provider: means a physician, hospital, professional provider, pharmacy, laboratory, dental, medical, or behavioral health provider, or other state-licensed or other state-recognized provider of health care or behavioral health services or supplies. See Rhode Island General Laws 27-18.8-2
  • Provider: means a physician, hospital, professional provider, pharmacy, laboratory, dental, medical, or behavioral health provider or other state-licensed or other state-recognized provider of health care or behavioral health services or supplies. See Rhode Island General Laws 27-18.9-2
  • provider: means a healthcare professional or a healthcare facility. See Rhode Island General Laws 27-20-1
  • Psychiatric and mental health nurse clinical specialist: is a n expanded role utilizing independent knowledge and management of mental health and illnesses. See Rhode Island General Laws 27-20-1
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • real estate: may be construed to include lands, tenements, and hereditaments and rights thereto and interests therein. See Rhode Island General Laws 43-3-10
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Redomestication expenditure: means , for any calendar year:

    (i)  The amount that the department's expenditures attributable to the regulation of run-off insurers increases as a result of any run-off insurer redomiciling to Rhode Island on or after March 15 of that year; less

    (ii)  Filing fees, examination costs, and any other fees in relation to insurance regulation in this state paid to this state by run-off insurers that redomiciled to Rhode Island on or after March 15 of that year, but excluding any premium taxes. See Rhode Island General Laws 27-14.5-1

  • Regulatory expenditure: means , for any calendar year:

    (i)  The amount of the department's expenditures attributable to the regulation of run-off insurers domiciled in Rhode Island on March 15 of that year; less

    (ii)  Filing fees, examination costs, and any other fees in relation to insurance regulation in this state paid to this state by run-off insurers domiciled in Rhode Island on March 15 of that year, but excluding any premium taxes. See Rhode Island General Laws 27-14.5-1

  • 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.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Rescission: means a cancellation or discontinuance of coverage that has retroactive effect for reasons unrelated to timely payment of required premiums or contribution to costs of coverage; and

    (21)  "Subscribers" mean those persons, whether or not residents of this state, who have contracted with a nonprofit hospital service corporation for hospital care pursuant to a nonprofit hospital service plan operated by the corporation. See Rhode Island General Laws 27-19-1

  • Rescission: means a cancellation or discontinuance of coverage that has retroactive effect for reasons unrelated to timely payment of required premiums or contribution to costs of coverage. See Rhode Island General Laws 27-20-1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Review agent: means a person or healthcare entity performing benefit determination reviews that is either employed by, affiliated with, under contract with, or acting on behalf of a healthcare entity. See Rhode Island General Laws 27-18.9-2
  • Run-off insurer: means an insurer that:

    (i)  Is domiciled in Rhode Island;

    (ii)  Has liabilities under policies for property and casualty lines of business;

    (iii)  Has ceased underwriting new business; and

    (iv)  Is only renewing ongoing business to the extent required by law or by contract. See Rhode Island General Laws 27-14.5-1

  • Same or similar specialty: means a practitioner who has the appropriate training and experience that is the same or similar as the attending provider in addition to experience in treating the same problems to include any potential complications as those under review. See Rhode Island General Laws 27-18.9-2
  • School: means a school approved under chapter 40 of Title 16, as amended, devoted to the instruction in, and study of, the theory and practice of barbering, hairdressing, and cosmetic therapy, esthetics, and/or manicuring. See Rhode Island General Laws 5-10-1
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscribers: as used in this chapter includes, in addition to those set forth in § 27-19-1, persons contracting with the corporation for coverage or benefits for medical services. See Rhode Island General Laws 27-19-17
  • Subscribers: means those persons or groups of persons who contract with a nonprofit medical service corporation for medical service pursuant to a nonprofit medical service plan; and

    (25)  "Therapist in marriage and family practice" means a person who has been licensed pursuant to §?5-63. See Rhode Island General Laws 27-20-1

  • Subscribers: means those persons or groups of persons who contract with a nonprofit optometric service corporation for optometric service pursuant to a nonprofit optometric service plan. See Rhode Island General Laws 27-20.2-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Therapeutic interchange: means the interchange or substitution of a drug with a dissimilar chemical structure within the same therapeutic or pharmacological class that can be expected to have similar outcomes and similar adverse reaction profiles when given in equivalent doses, in accordance with protocols approved by the president of the medical staff or medical director and the director of pharmacy. See Rhode Island General Laws 27-18.9-2
  • 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.
  • 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
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • underwriting: means , but is not limited to, the acceptance of employer or individual applications for coverage of individuals in accordance with the written rules of the insurer; the overall planning and coordinating of an insurance program; and the ability to procure bonds and excess insurance. See Rhode Island General Laws 27-20.7-2
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC
  • Utilization review: means the prospective, concurrent, or retrospective assessment of the medical necessity and/or appropriateness of the allocation of healthcare services of a provider, given or proposed to be given, to a beneficiary. See Rhode Island General Laws 27-18.9-2
  • Venue: The geographical location in which a case is tried.
  • Voluntary restructuring: means the act of reorganizing the legal ownership, operational, governance, or other structures of a solvent insurer, for the purpose of enhancing organization and maximizing efficiencies, and shall include the transfer of assets and liabilities to or from an insurer, or the protected cell of an insurer pursuant to an insurance business transfer plan. See Rhode Island General Laws 27-14.5-1
  • Wellness health benefit plan: means that health benefit plan offered in the individual market pursuant to § 27-18. See Rhode Island General Laws 27-18.5-2
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.