Part 1 General Provisions 17B-1-101 – 17B-1-121
Part 2 Creation of a Local District 17B-1-201 – 17B-1-217
Part 3 Board of Trustees 17B-1-301 – 17B-1-314
Part 4 Annexation 17B-1-401 – 17B-1-418
Part 5 Withdrawal 17B-1-501 – 17B-1-513
Part 6 Fiscal Procedures for Local Districts 17B-1-601 – 17B-1-645
Part 7 Local District Budgets and Audit Reports 17B-1-701 – 17B-1-703
Part 8 Local District Personnel Management 17B-1-801 – 17B-1-805
Part 9 Collection of Service Fees and Charges 17B-1-901 – 17B-1-906
Part 10 Local District Property Tax Levy 17B-1-1001 – 17B-1-1003
Part 11 Local District Bonds 17B-1-1101 – 17B-1-1107
Part 12 Local District Validation Proceedings 17B-1-1201 – 17B-1-1207
Part 13 Dissolution of a Local District 17B-1-1301 – 17B-1-1310
Part 14 Basic Local District 17B-1-1401 – 17B-1-1402

Terms Used In Utah Code > Title 17B > Chapter 1

  • abandoned horse: as used in this chapter means any horse, ass, mule or other animal of the genus Equus, unbranded, or, if branded, that has escaped assessment for taxation for the year next preceding the killing of such animal as hereinafter provided for, and running at large upon the open range of this state, and includes a foal running with a dam coming within the above definition. See Utah Code 26-36c-203
  • Abortion clinic: means a type I abortion clinic or a type II abortion clinic. See Utah Code 26-21-2
  • Accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26-36d-103
  • Acknowledgment: means a notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the document's stated purpose. See Utah Code 26-21-206
  • Address: includes :
    (i) a post office box number;
    (ii) a rural free delivery route number; and
    (iii) a street name and number. See Utah Code 16-6a-102
  • Adjudicative proceeding: means :Utah Code 48-2e-1156
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 48-2e-1156
  • Adult: means an individual who is at least 18 years of age. See Utah Code 17B-1-410
  • Advisory committee: means the Residential Child Care Licensing Advisory Committee, created in Section 26-1-7. See Utah Code 26-39-102
  • 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.
  • affirmation: means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury. See Utah Code 26-21-206
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agent: means an individual:
    (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
    (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Utah Code 17B-1-410
  • Ambulance service provider: means :
    (a) an ambulance provider as defined in Section 26-8a-102; or
    (b) a non-911 service provider as defined in Section 26-8a-102. See Utah Code 26-37a-102
  • Ambulatory surgical facility: means a freestanding facility, which provides surgical services to patients not requiring hospitalization. See Utah Code 26-21-2
  • 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.
  • Anaphylaxis: means a potentially life-threatening hypersensitivity to a substance. See Utah Code 17B-1-1103
  • Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See Utah Code 17B-1-410
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable area: means :
    (a) for a county, the unincorporated area of the county that is included within the proposed local district; or
    (b) for a municipality, the area of the municipality that is included within the proposed local district. See Utah Code 17B-1-201
  • Appointing authority: means the person or body authorized to make an appointment to the board of trustees. See Utah Code 17B-1-102
  • Appropriation: means an allocation of money by the board of trustees for a specific purpose. See Utah Code 17B-1-601
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Articles of incorporation: include :
    (a) amended articles of incorporation;
    (b) restated articles of incorporation;
    (c) articles of merger; and
    (d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
  • Assessment: means the inpatient hospital assessment established by this chapter. See Utah Code 26-36b-103
  • Assessment: means the Medicaid expansion hospital assessment established by this chapter. See Utah Code 26-36c-102
  • Assessment: means the Medicaid hospital provider assessment established by this chapter. See Utah Code 26-36d-103
  • Assessment: means the Medicaid ambulance service provider assessment established by this chapter. See Utah Code 26-37a-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assisted living facility: means :
    (i) a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:
    (A) require protected living arrangements; and
    (B) are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and
    (ii) a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26-21-2
  • Audit reports: means the reports of any independent audit of the district performed by:
    (a) an independent auditor as required by Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
    (b) the state auditor; or
    (c) the legislative auditor. See Utah Code 17B-1-701
  • 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
  • Benefit: means the receipt of money, goods, or any other thing of pecuniary value. See Utah Code 17B-1-102
  • Bioterrorism: means :
    (a) the intentional use of any microorganism, virus, infectious substance, or biological product to cause death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism in order to influence, intimidate, or coerce the conduct of government or a civilian population; and
    (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic fevers. See Utah Code 17B-1-303
  • Birthing center: means a freestanding facility, receiving maternal clients and providing care during pregnancy, delivery, and immediately after delivery. See Utah Code 26-21-2
  • Blood: means human blood. See Utah Code 26-31-102
  • Blood product: includes :
    (a) whole blood;
    (b) blood plasma;
    (c) a blood derivative;
    (d) blood platelets; and
    (e) blood clotting agents. See Utah Code 26-31-102
  • Board: means the local district board of trustees. See Utah Code 17B-1-701
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Bond: means :
    (a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
    (b) a lease agreement, installment purchase agreement, or other agreement that:
    (i) includes an obligation by the district to pay money; and
    (ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
  • Budget: means a plan of financial operations for a fiscal year which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or it may refer collectively to the budgets for all such funds. See Utah Code 17B-1-601
  • Budget: means a plan of financial operations for a fiscal year that includes:
    (a) estimates of proposed expenditures for given purposes and the proposed means of financing them;
    (b) the source and amount of estimated revenue for the district for the fiscal year;
    (c) fund balance in each fund at the beginning of the fiscal year and the projected fund balance for each fund at the end of the fiscal year; and
    (d) capital projects or budgets for proposed construction or improvement to capital facilities within the district. See Utah Code 17B-1-701
  • Budget officer: means the person appointed by the local district board of trustees to prepare the budget for the district. See Utah Code 17B-1-601
  • Budget year: means the fiscal year for which a budget is prepared. See Utah Code 17B-1-601
  • Bylaws: includes :
    (i) amended bylaws; and
    (ii) restated bylaws. See Utah Code 16-6a-102
  • Calendar year entity: means a local district whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 17B-1-602. See Utah Code 17B-1-601
  • Cemetery maintenance district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District Act, including an entity that was created and operated as a cemetery maintenance district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Center based child care: means , except as provided in Subsection (2)(b), a child care program licensed under this chapter. See Utah Code 26-39-102
  • Child: means a person who is under 19 years of age. See Utah Code 17B-1-901
  • Child care: means continuous care and supervision of five or more qualifying children, that is:
    (a) in lieu of care ordinarily provided by a parent in the parent's home;
    (b) for less than 24 hours a day; and
    (c) for direct or indirect compensation. See Utah Code 26-39-102
  • Child care program: means a child care facility or program operated by a person who holds a license or certificate issued in accordance with this chapter. See Utah Code 26-39-102
  • Claim: means any request or demand for money or property:
    (a) made to any:
    (i) employee, officer, or agent of the state;
    (ii) contractor with the state; or
    (iii) grantee or other recipient, whether or not under contract with the state; and
    (b) if:
    (i) any portion of the money or property requested or demanded was issued from or provided by the state; or
    (ii) the state will reimburse the contractor, grantee, or other recipient for any portion of the money or property. See Utah Code 17B-1-102
  • Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
  • Clearance: means approval by the department under Section 26-21-203 for an individual to have direct patient access. See Utah Code 26-21-201
  • CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26-36b-103
  • CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26-36c-102
  • Commission: means :
    (a) to empower to perform notarial acts; or
    (b) the written document that gives authority to perform notarial acts, including the Certificate of Authority of Notary Public that the lieutenant governor issues to a notary. See Utah Code 26-21-206
  • Committee: means the Health Facility Committee created in Section 26-1-7. See Utah Code 26-21-2
  • Committee: means the Health Data Committee created by Section 26-1-7. See Utah Code 17B-1-609
  • 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.
  • Constituent entity: means any county, city, or town that levies property taxes within the boundaries of the district. See Utah Code 17B-1-701
  • Consumer: means any person not primarily engaged in the provision of health care to individuals or in the administration of facilities or institutions in which such care is provided and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in the provision of health care, and does not receive, either directly or through his spouse, more than 1/10 of his gross income from any entity or activity relating to health care. See Utah Code 26-21-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Control number: means a number assigned by the committee to an individual's health data as an identifier so that the health data can be disclosed or used in research and statistical analysis without readily identifying the individual. See Utah Code 17B-1-609
  • Conviction: A judgement of guilt against a criminal defendant.
  • Copy certification: means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. See Utah Code 26-21-206
  • Corporate name: means :
    (a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
    (b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
    (c) the name of a foreign corporation as stated in the foreign corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation; or
    (d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
    (i) articles of incorporation; or
    (ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
  • 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.
  • Council: means the Utah Health Advisory Council. See Utah Code 17-27a-509
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive: means :Utah Code 48-2e-1156
  • County legislative body: means :Utah Code 48-2e-1156
  • Covered body: means a covered provider, covered contractor, or covered employer. See Utah Code 26-21-201
  • Covered contractor: means a person that supplies covered individuals, by contract, to a covered employer or covered provider. See Utah Code 26-21-201
  • Covered employer: means an individual who:
    (a) engages a covered individual to provide services in a private residence to:
    (i) an aged individual, as defined by department rule; or
    (ii) a disabled individual, as defined by department rule;
    (b) is not a covered provider; and
    (c) is not a licensed health care facility within the state. See Utah Code 26-21-201
  • Covered provider: means :
    (a) an end stage renal disease facility;
    (b) a long-term care hospital;
    (c) a nursing care facility;
    (d) a small health care facility;
    (e) an assisted living facility;
    (f) a hospice;
    (g) a home health agency; or
    (h) a personal care agency. See Utah Code 26-21-201
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Critical access hospital: means a critical access hospital that meets the criteria of 42 U. See Utah Code 26-21b-102
  • Current year: means the fiscal year in which a budget is prepared and adopted, which is the fiscal year next preceding the budget year. See Utah Code 17B-1-601
  • Customer agencies: means those governmental entities, except school districts, institutions of higher education, and federal government agencies that purchase or obtain services from the local district. See Utah Code 17B-1-701
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data supplier: means a health care facility, health care provider, self-funded employer, third-party payor, health maintenance organization, or government department which could reasonably be expected to provide health data under this chapter. See Utah Code 17B-1-609
  • Decedent: means :
    (a) a deceased individual whose body or part is or may be the source of an anatomical gift; and
    (b) includes:
    (i) a stillborn infant; and
    (ii) subject to restrictions imposed by law other than this chapter, a fetus. See Utah Code 17B-1-410
  • 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.
  • Deficit: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Local Districts. See Utah Code 17B-1-601
  • Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
  • Department: means the Department of Health created in Section 26-1-4. See Utah Code 17-27a-509
  • Department: means the Department of Health created in Section 26-1-4 and a local health department as defined in Section 26A-1-102. See Utah Code 17B-1-303
  • Dependent: A person dependent for support upon another.
  • Designated facility: means :
    (a) a freestanding urgent care center;
    (b) a general acute hospital; or
    (c) a critical access hospital. See Utah Code 26-21b-102
  • Diagnostic information: means a clinical facility's record of individuals who present for treatment, including the reason for the visit, chief complaint, presenting diagnosis, final diagnosis, and any pertinent lab results. See Utah Code 17B-1-303
  • Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26-21a-101
  • Direct patient access: means for an individual to be in a position where the individual could, in relation to a patient or resident of the covered body who engages the individual:
    (a) cause physical or mental harm;
    (b) commit theft; or
    (c) view medical or financial records. See Utah Code 26-21-201
  • Discharges: means the number of total hospital discharges reported on:
    (a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
    (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26-36b-103
  • Discharges: means the number of total hospital discharges reported on:
    (a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or
    (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available. See Utah Code 26-36c-102
  • Discharges: means the number of total hospital discharges reported on worksheet S-3 Part I, column 15, lines 12, 14, and 14. See Utah Code 26-36d-103
  • disclose: means the communication of health care data to any individual or organization outside the committee, its staff, and contracting agencies. See Utah Code 17B-1-609
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Disinterested witness: means :
    (i) a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or
    (ii) another adult who exhibited special care and concern for the individual. See Utah Code 17B-1-410
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Health Care Financing within the department. See Utah Code 26-36b-103
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
  • Division: means the Division of Health Care Financing within the department. See Utah Code 26-36c-102
  • Division: means the Division of Health Care Financing of the department. See Utah Code 26-36d-103
  • Division: means the Division of Health Care Financing within the department. See Utah Code 26-37a-102
  • Document of gift: means a donor card or other record used to make an anatomical gift. See Utah Code 17B-1-410
  • domestic corporation: means a corporation for profit that:
    (a) is not a foreign corporation; and
    (b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
  • domestic nonprofit corporation: means an entity that:
    (a) is not a foreign nonprofit corporation; and
    (b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
  • Donor: means an individual whose body or part is the subject of an anatomical gift. See Utah Code 17B-1-410
  • Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Utah Code 17B-1-410
  • Drainage district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Driver license: means a license or permit issued by the Driver License Division of the Department of Public Safety, to operate a vehicle, whether or not conditions are attached to the license or permit. See Utah Code 17B-1-410
  • Eligible function: means :
    (a) a power conferred on a local district under this title;
    (b) a tax or assessment levied by a local district;
    (c) an act or proceeding that a local district:
    (i) has taken; or
    (ii) contemplates taking; or
    (d) a district contract, whether already executed or to be executed in the future, including a contract for the acquisition, construction, maintenance, or operation of works for the district. See Utah Code 17B-1-1201
  • Emergency contraception: means the use of a substance, approved by the United States Food and Drug Administration, to prevent pregnancy after sexual intercourse. See Utah Code 26-21b-102
  • End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26-21-2
  • Engage: means to obtain one's services:
    (a) by employment;
    (b) by contract;
    (c) as a volunteer; or
    (d) by other arrangement. See Utah Code 26-21-201
  • Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26-18-416. See Utah Code 26-36b-103
  • Enrollee: means any child enrolled in the program. See Utah Code 17B-1-901
  • Entity: includes :
    (a) a domestic or foreign corporation;
    (b) a domestic or foreign nonprofit corporation;
    (c) a limited liability company;
    (d) a profit or nonprofit unincorporated association;
    (e) a business trust;
    (f) an estate;
    (g) a partnership;
    (h) a trust;
    (i) two or more persons having a joint or common economic interest;
    (j) a state;
    (k) the United States; or
    (l) a foreign government. See Utah Code 16-6a-102
  • Epinephrine auto-injector: means a portable, disposable drug delivery device that contains a measured, single dose of epinephrine that is used to treat a person suffering a potentially fatal anaphylactic reaction. See Utah Code 17B-1-1103
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 17B-1-601
  • 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.
  • Executive director: means the executive director of the department appointed pursuant to Section 26-1-8. See Utah Code 17-27a-509
  • Executive director: means the director of the department. See Utah Code 17B-1-609
  • Exempt provider: means a person who provides care described in Subsection 26-39-403(2). See Utah Code 26-39-102
  • Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Utah Code 17B-1-410
  • facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a local district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
  • Facility: means an assisted living facility. See Utah Code 26-21-302
  • Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26-21a-101
  • 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.
  • false representation: means a wholly or partially untrue statement or representation which is:
    (a) knowingly made; and
    (b) a material fact with respect to the claim. See Utah Code 17B-1-102
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial officer: means the official under Section 17B-1-642. See Utah Code 17B-1-601
  • Fire protection district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Fiscal year: means the annual period for accounting for fiscal operations in each district. See Utah Code 17B-1-601
  • 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.
  • Fiscal year entity: means a local district whose fiscal year begins July 1 of each year and ends on June 30 of the following year as described in Section 17B-1-602. See Utah Code 17B-1-601
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freestanding: means existing independently or physically separated from another health care facility by fire walls and doors and administrated by separate staff with separate records. See Utah Code 26-21-2
  • Freestanding urgent care center: is a s defined in Section 59-12-801. See Utah Code 26-21b-102
  • Fund: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Local Districts. See Utah Code 17B-1-601
  • Fund balance: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Local Districts. See Utah Code 17B-1-601
  • General acute hospital: means a facility which provides diagnostic, therapeutic, and rehabilitative services to both inpatients and outpatients by or under the supervision of physicians. See Utah Code 26-21-2
  • General acute hospital: is a s defined in Section 26-21-2. See Utah Code 26-21b-102
  • General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17B-1-601
  • genetic test: means the testing or analysis of an identifiable individual's DNA that results in information that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers. See Utah Code 17B-1-1206
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means :
    (a) for a county or municipality, the legislative body of the county or municipality; and
    (b) for a local district, the board of trustees of the local district. See Utah Code 17B-1-201
  • Governmental funds: means the general fund, special revenue fund, debt service fund, and capital projects fund of a local district. See Utah Code 17B-1-601
  • Governmental unit: means the state, or any county, municipality, or other political subdivision or any department, division, board, or agency of the state, a county, municipality, or other political subdivision. See Utah Code 26-21-2
  • Grantor: The person who establishes a trust and places property into it.
  • Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201
  • Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201
  • Guardian: includes a person who:Utah Code 48-2e-1156
  • Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26-21-2
  • Health care facility: means a facility that is licensed by the department under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 17B-1-609
  • Health care provider: means any person, firm, corporation, or association which furnishes treatment or care to persons who have suffered bodily injury, and includes hospitals, clinics, podiatrists, dentists and dental hygienists, nurses, nurse practitioners, physicians and physicians' assistants, osteopathic physicians, naturopathic practitioners, chiropractors, acupuncturists, paramedics, and emergency medical technicians. See Utah Code 17B-1-216
  • Health care provider: means any person, partnership, association, corporation, or other facility or institution that renders or causes to be rendered health care or professional services as a physician, registered nurse, licensed practical nurse, nurse-midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist, pharmacist, physical therapist, podiatric physician, psychologist, chiropractic physician, naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist, speech pathologist, certified social worker, social service worker, social service aide, marriage and family counselor, or practitioner of obstetrics, and others rendering similar care and services relating to or arising out of the health needs of persons or groups of persons, and officers, employees, or agents of any of the above acting in the course and scope of their employment. See Utah Code 17B-1-609
  • Health coverage improvement program: means the health coverage improvement program described in Section 26-18-411. See Utah Code 26-36b-103
  • Health data: means information relating to the health status of individuals, health services delivered, the availability of health manpower and facilities, and the use and costs of resources and services to the consumer, except vital records as defined in Section 26-2-2 shall be excluded. See Utah Code 17B-1-609
  • Health maintenance organization: means an organization, organized under the laws of any state which:
    (a) is a qualified health maintenance organization under 42 U. See Utah Code 26-21-2
  • Highway: includes :Utah Code 48-2e-1156
  • Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26-21-2
  • Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26-21-2
  • Hospital: means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state. See Utah Code 17B-1-410
  • Hospital: means a general acute hospital, as defined in Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act. See Utah Code 17B-1-1308
  • Hospital share: means the hospital share described in Section 26-36b-203. See Utah Code 26-36b-103
  • Hospital share: means the hospital share described in Section 26-36c-203. See Utah Code 26-36c-102
  • Identifiable health data: means any item, collection, or grouping of health data that makes the individual supplying or described in the health data identifiable. See Utah Code 17B-1-609
  • Identification card: means an identification card issued by the Driver License Division of the Department of Public Safety. See Utah Code 17B-1-410
  • Improvement district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Individual: means a natural person. See Utah Code 17B-1-609
  • Individual: means the person from whose body the DNA sample originated. See Utah Code 17B-1-1206
  • Initiating local district: means a local district that adopts a resolution proposing the creation of a local district under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • institution: means any school or college of agriculture, veterinary medicine, medicine, pharmacy, dentistry or other educational, hospital or scientific establishment properly concerned with the investigation of or instruction concerning the structure or functions of living organisms, the cause, prevention, control or cure of diseases or abnormal condition of human beings or animals. See Utah Code 17B-1-402
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 48-2e-1156
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 17B-1-601
  • Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 48-2e-1156
  • Irrigation district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Jurat: means a notarial act in which a notary certifies:
    (a) the identity of a signer who:
    (i) is personally known to the notary; or
    (ii) provides the notary satisfactory evidence of the signer's identity;
    (b) that the signer affirms or swears an oath attesting to the truthfulness of a document; and
    (c) that the signer voluntarily signs the document in the presence of the notary. See Utah Code 26-21-206
  • 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.
  • Know: means to have actual knowledge. See Utah Code 17B-1-410
  • Land: includes :Utah Code 48-2e-1156
  • Last completed fiscal year: means the fiscal year next preceding the current fiscal year. See Utah Code 17B-1-601
  • Law enforcement agency: means the municipal or county law enforcement agency:
    (a) having jurisdiction over the location where the injury occurred; or
    (b) if the reporting health care provider is unable to identify or contact the law enforcement agency with jurisdiction over the injury, "law enforcement agency" means the agency nearest to the location of the reporting health care provider. See Utah Code 17B-1-216
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal representative: means an individual who is legally authorized to make health care decisions on behalf of another individual. See Utah Code 26-21-302
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Libel: means a malicious defamation, expressed either by printing or by signs or pictures or the like, tending to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule. See Utah Code 26-21-23
  • Licensing committee: means the Child Care Center Licensing Committee created in Section 26-1-7. See Utah Code 26-39-102
  • 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.
  • Local district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers set forth in:
    (a) this chapter; or
    (b) 
    (i) this chapter; and
    (ii) 
    (A) Chapter 2a, Part 1, Cemetery Maintenance District Act;
    (B) Chapter 2a, Part 2, Drainage District Act;
    (C) Chapter 2a, Part 3, Fire Protection District Act;
    (D) Chapter 2a, Part 4, Improvement District Act;
    (E) Chapter 2a, Part 5, Irrigation District Act;
    (F) Chapter 2a, Part 6, Metropolitan Water District Act;
    (G) Chapter 2a, Part 7, Mosquito Abatement District Act;
    (H) Chapter 2a, Part 8, Public Transit District Act;
    (I) Chapter 2a, Part 9, Service Area Act;
    (J) Chapter 2a, Part 10, Water Conservancy District Act; or
    (K) Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
  • Local district general fund: means the general fund used by a local district. See Utah Code 17B-1-601
  • Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26-36b-103
  • Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26-36c-102
  • Medicaid Expansion Fund: means the Medicaid Expansion Fund created in Section 26-36b-208. See Utah Code 26-36c-102
  • Medicaid waiver expansion: means a Medicaid expansion in accordance with Section 26-18-415. See Utah Code 26-36b-103
  • Medicaid waiver expansion: means the same as that term is defined in Section 26-18-415. See Utah Code 26-36c-102
  • Medical benefit: means a benefit paid or payable to a recipient or a provider under a program administered by the state under:
    (a) Titles V and XIX of the federal Social Security Act;
    (b) Title X of the federal Public Health Services Act;
    (c) the federal Child Nutrition Act of 1966 as amended by P. See Utah Code 17B-1-102
  • Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26-36b-103
  • Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26-36c-102
  • Medicare Cost Report: means CMS-2552-96 or CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26-36d-103
  • Member: includes :
    (i) "voting member"; and
    (ii) a shareholder in a water company. See Utah Code 16-6a-102
  • Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102
  • Metropolitan water district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Minor: means an individual who is under 18 years of age. See Utah Code 17B-1-410
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monitoring device: means :
    (i) a video surveillance camera; or
    (ii) a microphone or other device that captures audio. See Utah Code 26-21-302
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 48-2e-1156
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Mosquito abatement district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
  • Municipal services district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 17B-1-102
  • 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.
  • Non-federal portion: means the non-federal share the division needs to seed amounts that will support fee-for-service ambulance service provider rates, as described in Section 26-37a-105. See Utah Code 26-37a-102
  • Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26-36b-103
  • Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26-36c-102
  • Notarial certificate: means the affidavit described in Section 46-1-6. See Utah Code 26-21-206
  • notarization: means an act that a notary is authorized to perform under Section 46-1-6. See Utah Code 26-21-206
  • Notary: means any person commissioned to perform notarial acts under this chapter. See Utah Code 26-21-206
  • Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
  • Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
    (a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
    (b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
    (c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26-21-2
  • Nursing care facility: means :
    (i) a nursing care facility described in Subsection 26-21-2(17);
    (ii) beginning January 1, 2006, a designated swing bed in:
    (A) a general acute hospital as defined in Subsection 26-21-2(11); and
    (B) a critical access hospital which meets the criteria of 42 U. See Utah Code 17B-1-626
  • Oath: includes "affirmation. See Utah Code 48-2e-1156
  • 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.
  • Official misconduct: means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act. See Utah Code 26-21-206
  • Ombudsman: means the same as that term is defined in Section 62A-3-202. See Utah Code 26-21-302
  • Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See Utah Code 17B-1-410
  • Organization: means any corporation, association, partnership, agency, department, unit, or other legally constituted institution or entity, or part thereof. See Utah Code 17B-1-609
  • Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a parent whose parental rights have not been terminated. See Utah Code 17B-1-410
  • Part: means an organ, an eye, or tissue of a human being. See Utah Code 17B-1-410
  • 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.
  • Patient: means an individual who receives health care services from one of the following covered providers:
    (a) an end stage renal disease facility;
    (b) a long-term care hospital;
    (c) a hospice;
    (d) a home health agency; or
    (e) a personal care agency. See Utah Code 26-21-201
  • Patient day: means each calendar day in which an individual patient is admitted to the nursing care facility during a calendar month, even if on a temporary leave of absence from the facility. See Utah Code 17B-1-626
  • Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26-21-2
  • Person: means :Utah Code 48-2e-1156
  • Person: means an:
    (a) individual; or
    (b) entity. See Utah Code 16-6a-102
  • Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 17B-1-102
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 17B-1-410
  • Person: means any person, organization, or entity other than the individual. See Utah Code 17B-1-1206
  • Personal property: includes :Utah Code 48-2e-1156
  • Personally known: means familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed. See Utah Code 26-21-206
  • Petition: means a petition under Subsection 17B-1-203(1)(a), (b), or (c). See Utah Code 17B-1-201
  • Physician: means a person:
    (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
    (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26-21b-102
  • Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See Utah Code 17B-1-410
  • Physician: means a person:
    (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
    (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 17B-1-1308
  • Place of public access: means any enclosed indoor place of business, commerce, banking, financial service, or other service-related activity, whether publicly or privately owned and whether operated for profit or not, to which persons not employed at the place of public access have general and regular access or which the public uses, including:
    (a) buildings, offices, shops, elevators, or restrooms;
    (b) means of transportation or common carrier waiting rooms;
    (c) restaurants, cafes, or cafeterias;
    (d) taverns as defined in Section 32B-1-102, or cabarets;
    (e) shopping malls, retail stores, grocery stores, or arcades;
    (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites, auditoriums, or arenas;
    (g) barber shops, hair salons, or laundromats;
    (h) sports or fitness facilities;
    (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and breakfast" lodging facilities, and other similar lodging facilities, including the lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any of these;
    (j) 
    (i) any child care facility or program subject to licensure or certification under this title, including those operated in private homes, when any child cared for under that license is present; and
    (ii) any child care, other than child care as defined in Section 26-39-102, that is not subject to licensure or certification under this title, when any child cared for by the provider, other than the child of the provider, is present;
    (k) public or private elementary or secondary school buildings and educational facilities or the property on which those facilities are located;
    (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or religious organization when used solely by the organization members or their guests or families;
    (m) any facility rented or leased for private functions from which the general public is excluded and arrangements for the function are under the control of the function sponsor;
    (n) any workplace that is not a place of public access or a publicly owned building or office but has one or more employees who are not owner-operators of the business;
    (o) any area where the proprietor or manager of the area has posted a conspicuous sign stating "no smoking" "thank you for not smoking" or similar statement; and
    (p) a holder of a bar establishment license, as defined in Section 32B-1-102. See Utah Code 17B-1-640
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plan: means the plan developed and adopted by the Health Data Committee under Section 26-33a-104. See Utah Code 17B-1-609
  • Plan: means the department's plan submitted to the United States Department of Health and Human Services pursuant to 42 U. See Utah Code 17B-1-901
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Political subdivision: means a county, city, town, metro township, local district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
  • 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
  • Practitioner: means :
    (a) a physician; or
    (b) any other person who is permitted by law to prescribe emergency contraception. See Utah Code 26-21b-102
  • Private genetic information: means any information about an identifiable individual that is derived from the presence, absence, alteration, or mutation of an inherited gene or genes, or the presence or absence of a specific DNA marker or markers, and which has been obtained:
    (i) from a genetic test or analysis of the individual's DNA; or
    (ii) from a genetic test or analysis of a person's DNA to whom the individual is a blood relative. See Utah Code 17B-1-1206
  • Private hospital: means :
    (i) a general acute hospital, as defined in Section 26-21-2, that is privately owned and operating in the state; and
    (ii) a privately owned specialty hospital operating in the state, including a privately owned hospital whose inpatient admissions are predominantly for:
    (A) rehabilitation;
    (B) psychiatric care;
    (C) chemical dependency services; or
    (D) long-term acute care services. See Utah Code 26-36b-103
  • Private hospital: means :
    (i) a privately owned general acute hospital operating in the state as defined in Section 26-21-2; or
    (ii) a privately owned specialty hospital operating in the state, including a privately owned hospital for which inpatient admissions are predominantly:
    (A) rehabilitation;
    (B) psychiatric;
    (C) chemical dependency; or
    (D) long-term acute care services. See Utah Code 26-36c-102
  • Probate: Proving a will
  • Proceeding: includes :
    (a) a civil suit;
    (b) arbitration;
    (c) mediation;
    (d) a criminal action;
    (e) an administrative action; or
    (f) an investigatory action. See Utah Code 16-6a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 48-2e-1156
  • Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Utah Code 17B-1-410
  • Program: means the Utah Children's Health Insurance Program created by this chapter. See Utah Code 17B-1-901
  • Property owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201
  • Proprietary funds: means enterprise funds and the internal service funds of a local district. See Utah Code 17B-1-601
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public entity: means :
    (a) the United States or an agency of the United States;
    (b) the state or an agency of the state;
    (c) a political subdivision of the state or an agency of a political subdivision of the state;
    (d) another state or an agency of that state; or
    (e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102
  • Public funds: means any money or payment collected or received by an officer or employee of a local district acting in an official capacity and includes money or payment to the officer or employee for services or goods provided by the district, or the officer or employee while acting within the scope of employment or duty. See Utah Code 17B-1-601
  • Public health emergency: means an occurrence or imminent credible threat of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability. See Utah Code 17B-1-303
  • Public school: means :
    (a) a school, including a charter school, that:
    (i) is directly funded at public expense; and
    (ii) provides education to qualifying children for any grade from first grade through twelfth grade; or
    (b) a school, including a charter school, that provides:
    (i) preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and
    (ii) education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense. See Utah Code 26-39-102
  • Public transit district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Qualified adult: means a person who:
    (a) is 18 years of age or older; and
    (b) has successfully completed the training program established in Section 26-41-104. See Utah Code 17B-1-1103
  • Qualifying child: means an individual who is:
    (a) 
    (i) under the age of 13; or
    (ii) under the age of 18, if the person has a disability; and
    (b) a child of:
    (i) a person other than the person providing care to the child;
    (ii) a licensed or certified residential child care provider, if the child is under the age of four; or
    (iii) an employee or owner of a licensed child care center, if the child is under the age of four. See Utah Code 26-39-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 48-2e-1156
  • Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Utah Code 17B-1-410
  • receiving entity: means the entity that will, after the withdrawal of an area from a local district, provide to the withdrawn area the service that the local district previously provided to the area. See Utah Code 17B-1-501
  • Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Utah Code 17B-1-410
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 17B-1-410
  • Refusal: means a record created under Section 26-28-107 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Utah Code 17B-1-410
  • Registered voter petition: means a petition under Subsection 17B-1-203(1)(b). See Utah Code 17B-1-201
  • Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201
  • 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.
  • Report to a law enforcement agency: means to report, by telephone or other spoken communication, the facts known regarding an injury subject to reporting under Section 26-23a-2 to the dispatch desk or other staff person designated by the law enforcement agency to receive reports from the public. See Utah Code 17B-1-216
  • Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201
  • Resident: means an individual who receives health care services from one of the following covered providers:
    (a) a nursing care facility;
    (b) a small health care facility;
    (c) an assisted living facility; or
    (d) a hospice that provides living quarters as part of its services. See Utah Code 26-21-201
  • Resident: means an individual who receives health care from a facility. See Utah Code 26-21-302
  • Resident: means a person 21 years of age or older who:
    (a) as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
    (b) does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26-21-2
  • Residential child care: means child care provided in the home of a provider. See Utah Code 26-39-102
  • Residential setting: means a place provided by a covered provider:
    (a) for residents to live as part of the services provided by the covered provider; and
    (b) where an individual who is not a resident also lives. See Utah Code 26-21-201
  • Responsible body: means the governing body of:
    (a) the municipality in which the proposed local district is located, if the petition or resolution proposes the creation of a local district located entirely within a single municipality;
    (b) the county in which the proposed local district is located, if the petition or resolution proposes the creation of a local district located entirely within a single county and all or part of the proposed local district is located within:
    (i) the unincorporated part of the county; or
    (ii) more than one municipality within the county;
    (c) if the petition or resolution proposes the creation of a local district located within more than one county, the county whose boundaries include more of the area of the proposed local district than is included within the boundaries of any other county; or
    (d) the initiating local district, if a resolution proposing the creation of a local district is adopted under Subsection 17B-1-203(1)(e). See Utah Code 17B-1-201
  • Responsible clerk: means the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body. See Utah Code 17B-1-201
  • Responsible person: means an individual who:
    (a) is designated in writing by a resident to receive communication on behalf of the resident; or
    (b) a legal representative. See Utah Code 26-21-302
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retained earnings: has the meaning given under generally accepted accounting principles as reflected in the Uniform Accounting Manual for Local Districts. See Utah Code 17B-1-601
  • Road: includes :Utah Code 48-2e-1156
  • Room: means a resident's private or shared primary living space. See Utah Code 26-21-302
  • Roommate: means an individual sharing a room with a resident. See Utah Code 26-21-302
  • Rules of order and procedure: means a set of rules that govern and prescribe in a public meeting:
    (a) parliamentary order and procedure;
    (b) ethical behavior; and
    (c) civil discourse. See Utah Code 17B-1-102
  • Rural county: means a county with a population of less than 50,000, as determined by:
    (a) the most recent official census or census estimate of the United States Bureau of the Census; or
    (b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (3)(a). See Utah Code 17B-1-1308
  • Rural hospital: means a hospital located within a rural county. See Utah Code 17B-1-1308
  • Self-funded employer: means an employer who provides for the payment of health care services for employees directly from the employer's funds, thereby assuming the financial risks rather than passing them on to an outside insurer through premium payments. See Utah Code 17B-1-609
  • Service applicant: means a person who requests that a local district provide a service that the local district is authorized to provide. See Utah Code 17B-1-102
  • Service area: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • 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.
  • Sexual assault: means any criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses, that may result in a pregnancy. See Utah Code 26-21b-102
  • Sign: means , with the present intent to authenticate or adopt a record:
    (a) to execute or adopt a tangible symbol; or
    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 17B-1-410
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 48-2e-1156
  • Signature witnessing: means a notarial act in which an individual:
    (a) appears in person before a notary and presents a document;
    (b) provides the notary satisfactory evidence of the individual's identity, or is personally known to the notary; and
    (c) signs the document in the presence of the notary. See Utah Code 26-21-206
  • Slander: means any libel communicated by spoken words. See Utah Code 26-21-23
  • Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26-21-2
  • Smoking: means :
    (a) the possession of any lighted or heated tobacco product in any form;
    (b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or hookah that contains:
    (i) tobacco or any plant product intended for inhalation;
    (ii) shisha or non-tobacco shisha;
    (iii) nicotine;
    (iv) a natural or synthetic tobacco substitute; or
    (v) a natural or synthetic flavored tobacco product;
    (c) using an e-cigarette; or
    (d) using an oral smoking device intended to circumvent the prohibition of smoking in this chapter. See Utah Code 17B-1-640
  • Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
  • Special fund: means any local district fund other than the local district's general fund. See Utah Code 17B-1-601
  • Specialized local district: means a local district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, or a municipal services district. See Utah Code 17B-1-102
  • Specialty hospital: means a facility which provides specialized diagnostic, therapeutic, or rehabilitative services in the recognized specialty or specialties for which the hospital is licensed. See Utah Code 26-21-2
  • 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 Utah Code 17B-1-410
  • State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26-36b-103
  • State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26-36c-102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substantial compliance: means in a department survey of a licensee, the department determines there is an absence of deficiencies which would harm the physical health, mental health, safety, or welfare of patients or residents of a licensee. See Utah Code 26-21-2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Swear: includes "affirm. See Utah Code 48-2e-1156
  • Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 48-2e-1156
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third party payor: means :
    (a) an insurer offering a health benefit plan, as defined by Section 31A-1-301, to at least 2,500 enrollees in the state;
    (b) a nonprofit health service insurance corporation licensed under Title 31A, Chapter 7, Nonprofit Health Service Insurance Corporations;
    (c) a program funded or administered by Utah for the provision of health care services, including the Medicaid and medical assistance programs described in Chapter 18, Medical Assistance Act; and
    (d) a corporation, organization, association, entity, or person:
    (i) which administers or offers a health benefit plan to at least 2,500 enrollees in the state; and
    (ii) which is required by administrative rule adopted by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to supply health data to the committee. See Utah Code 17B-1-609
  • Tissue: means a portion of the human body other than an organ or an eye. See Utah Code 17B-1-410
  • Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Utah Code 17B-1-410
  • Total transports: means the number of total ambulance transports applicable to a given fiscal year, as determined under Subsection 26-37a-104(5). See Utah Code 26-37a-102
  • Transplant hospital: means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients. See Utah Code 17B-1-410
  • 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.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Type I abortion clinic: means a facility, including a physician's office, but not including a general acute or specialty hospital, that:
    (a) performs abortions, as defined in Section 76-7-301, during the first trimester of pregnancy; and
    (b) does not perform abortions, as defined in Section 76-7-301, after the first trimester of pregnancy. See Utah Code 26-21-2
  • Type II abortion clinic: means a facility, including a physician's office, but not including a general acute or specialty hospital, that:
    (a) performs abortions, as defined in Section 76-7-301, after the first trimester of pregnancy; or
    (b) performs abortions, as defined in Section 76-7-301, during the first trimester of pregnancy and after the first trimester of pregnancy. See Utah Code 26-21-2
  • Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 48-2e-1156
  • United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
  • Upper payment limit gap: means the difference between the private hospital outpatient upper payment limit and the private hospital Medicaid outpatient payments, as determined in accordance with 42 C. See Utah Code 26-36b-103
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 48-2e-1156
  • Validation order: means a court order adjudicating the validity of an eligible function. See Utah Code 17B-1-1201
  • Validation petition: means a petition requesting a validation order. See Utah Code 17B-1-1201
  • Validation proceedings: means judicial proceedings occurring in district court pursuant to a validation petition. See Utah Code 17B-1-1201
  • Verdict: The decision of a petit jury or a judge.
  • Victim of sexual assault: means any person who presents to receive, or receives, medical care in consequence of being subjected to sexual assault. See Utah Code 26-21b-102
  • Vote: includes authorization by:
    (a) written ballot; and
    (b) written consent. See Utah Code 16-6a-102
  • Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
  • Water conservancy district: means a local district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a local district. See Utah Code 17B-1-102
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 48-2e-1156
  • logo