Utah Code > Title 26B > Chapter 3 – Health Care – Administration and Assistance


Part 1	Health Care Assistance	26B-3-101 – 26B-3-142
Part 2	Medicaid Waivers	26B-3-201 – 26B-3-228
Part 3	Administration of Medicaid Programs: Drug Utilization Review and Long Term Care Facility Certifica	26B-3-301 – 26B-3-313
Part 4	Nursing Care Facility Assessment	26B-3-401 – 26B-3-406
Part 5	Inpatient Hospital Assessment	26B-3-501 – 26B-3-512
Part 6	Medicaid Expansion Hospital Assessment	26B-3-601 – 26B-3-612
Part 7	Hospital Provider Assessment	26B-3-701 – 26B-3-709
Part 8	Ambulance Service Provider Assessment	26B-3-801 – 26B-3-806
Part 9	Utah Children’s Health Insurance Program	26B-3-901 – 26B-3-910
Part 10	Medical Benefits Recovery	26B-3-1001 – 26B-3-1028
Part 11	Utah False Claims Act	26B-3-1101 – 26B-3-1115

Terms Used In Utah Code > Title 26B > Chapter 3 - Health Care - Administration and Assistance

Accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-701

Acknowledged before me: means :

(a)	that the person acknowledging appeared before the person taking the acknowledgment;

(b)	that he acknowledged he executed the document;

(c)

that, in the case of:

(i)	a natural person, he executed the document for the purposes stated in it;

(ii)	a corporation, the officer or agent acknowledged he held the position or title set forth in the document or certificate, he signed the document on behalf of the corporation by proper authority, and the document was the act of the corporation for the purpose stated in it;

(iii)

a partnership, the partner or agent acknowledged he signed the document on behalf of the partnership by proper authority, and he executed the document as the act of the partnership for the purposes stated in it;

(iv)	a person acknowledging as principal by an attorney in fact, he executed the document by proper authority as the act of the principal for the purposes stated in it; or

(v)	a person acknowledging as a public officer, trustee, administrator, guardian, or other representative, he signed the document by proper authority, and he executed the document in the capacity and for the purposes stated in it; and

(d)

that the person taking the acknowledgment:

(i)	either knew or had satisfactory evidence that the person acknowledging was the person named in the document or certificate; and

(ii)

in the case of a person executing a document in a representative capacity, either had satisfactory evidence or received the sworn statement or affirmation of the person acknowledging that the person had the proper authority to execute the document. See Utah Code 57-2a-2

Actual excess cost: means the difference in cost between:

(a)	the standard cost of a facility; and

(b)

the actual cost of the facility, including any necessary right-of-way, as determined in accordance with Section 54-14-203. See Utah Code 54-14-103

Adjudicative proceeding: means :Utah Code 68-3-12.5

Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of an electrical corporation to customers in this state in a calendar year, reduced by:

(a)	the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;

(b)

the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 54-17-602(1):

(i)	wind energy;

(ii)	solar photovoltaic and solar thermal energy;

(iii)

wave, tidal, and ocean thermal energy;

(iv)

except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

(A)	organic waste;

(B)	forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

(C)	agricultural residues;

(D)	dedicated energy crops; and

(E)	landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

(v)	geothermal energy;

(vi)	hydroelectric energy; or

(vii)

waste gas and waste heat capture or recovery; and

(c)

the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from demand side management as defined in Section 54-7-12. See Utah Code 54-17-601

Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.

Affected electrical utility: means an electrical corporation with at least 200,000 retail customers in the state. See Utah Code 54-17-102

Affected entity: means an entity as defined in Sections 10-9a-103 and 17-27a-103. See Utah Code 54-18-102

Affected landowner: means an owner of a property interest, as reflected in the most recent county or city tax records as receiving a property tax notice, whose property is located within a proposed corridor. See Utah Code 54-18-102

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.

Ambulance service provider: means :

(a)	an ambulance provider as defined in Section 26B-4-101; or

(b)

a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801

Annualized billing period: means :

(a)	a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or

(b)

an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. See Utah Code 54-15-102

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.

Antenna: means communications equipment that transmits or receives an electromagnetic radio frequency signal used in the provision of a wireless service. See Utah Code 54-21-101

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 any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101

Applicant: means a wireless provider who submits an application. See Utah Code 54-21-101

Application: means a request submitted by a wireless provider to an authority for a permit to:

(a)	collocate a small wireless facility in a right-of-way; or

(b)

install, modify, or replace a utility pole or a wireless support structure. See Utah Code 54-21-101

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

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5

Arrest: Taking physical custody of a person by lawful authority.

Articles of incorporation: include :

(a)	amended and restated articles of incorporation;

(b)	articles of merger; and

(c)

a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102

Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501

Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601

Assessment: means the Medicaid hospital provider assessment established by this part. See Utah Code 26B-3-701

Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.

Authority: means :

(i)	the state;

(ii)	a state agency;

(iii)

a county;

(iv)	a municipality;

(v)

a town;

(vi)	a metrotownship;

(vii)

a subdivision of an entity described in Subsections (6)(a)(i) through (vi); or

(viii)

a special district or entity established to provide a single public service within a specific geographic area, including:

(A)	a public utility district; or

(B)

an irrigation district. See Utah Code 54-21-101

Authority pole: means a utility pole owned, managed, or operated by, or on behalf of, an authority. See Utah Code 54-21-101

Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1

Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is:

(a)	not used in a calendar year to comply with this part or with a renewable energy program in another state; and

(b)

carried forward into a subsequent year. See Utah Code 54-17-601

Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.

Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.

Benchmark option: means an energy resource against which bids in an open bid process may be evaluated that:

(a)

could be constructed or owned by:

(i)	an affected electrical utility; or

(ii)	an affiliate of an affected electrical utility; or

(b)

may be a purchase of:

(i)	electricity;

(ii)	electric generating capacity; or

(iii)

electricity and electric generating capacity. See Utah Code 54-17-102

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 26B-3-1101

Blind: means an individual, or class of individuals, whose central acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 55-5a-2

Board: means the Utility Facility Review Board. See Utah Code 54-14-103

Board: means the Drug Utilization Review Board created in Section 26B-3-302. See Utah Code 26B-3-301

Broken or defective: means any defects in the wheels, trucks, draft gears, couplers, brakes, draft and center sills, of any car, coach, locomotive, or other rolling stock of a railroad company and every other defect in any car, coach, locomotive or other rolling stock which would be dangerous to the public or to any employee of a railroad company while said car is being moved, hauled or transported. See Utah Code 56-2-1

Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102

Care facility: means :

(a)	a nursing facility;

(b)	an intermediate care facility for an individual with an intellectual disability; or

(c)

any other medical institution. See Utah Code 26B-3-1001

Category one authority: means a single authority with a population of 65,000 or greater. See Utah Code 54-21-101

Category two authority: means a single authority with a population of less than 65,000. See Utah Code 54-21-101

Certified program: means a nursing care facility program with Medicaid certification. See Utah Code 26B-3-301

Child: means an individual who is younger than 19 years old. See Utah Code 26B-3-901

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Claim: means :

(a)	a request or demand for payment; or

(b)

a cause of action for money or damages arising under any law. See Utah Code 26B-3-1001

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 26B-3-1101

Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1

CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101

CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501

CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601

Collocate: means to install, mount, maintain, modify, operate, or replace a small wireless facility:

(a)	on a wireless support structure or utility pole; or

(b)

for ground-mounted equipment, adjacent to a wireless support structure or utility pole. See Utah Code 54-21-101

Commission: means the Public Service Commission created in Section 54-1-1. See Utah Code 54-17-902

Commission: means the Public Service Commission. See Utah Code 54-2-1

Communications service: means :

(a)

a cable service, as defined in 47 U. See Utah Code 54-21-101

Communications service provider: means :

(a)

a cable operator, as defined in 47 U. See Utah Code 54-21-101

Community renewable energy program: means the program approved by the commission under Section 54-17-904 that allows a qualified utility to provide electric service from one or more renewable energy resources to a participating customer within a participating community. See Utah Code 54-17-902

Compendia: means resources widely accepted by the medical profession in the efficacious use of drugs, including "American Hospital Formulary Service Drug Information" "U. See Utah Code 26B-3-301

Construction: means the excavation, construction, and installation of a high voltage electric power line or upgraded high voltage transmission line. See Utah Code 54-18-102

Consumer price index: means the Consumer Price Index for All Urban Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 54-23-102

Contract: A legal written agreement that becomes binding when signed.

Contract customer: means a person who executes or will execute a renewable energy contract with a qualified utility. See Utah Code 54-17-801

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1

Counseling: means the activities conducted by a pharmacist to inform Medicaid recipients about the proper use of drugs, as required by the board under this part. See Utah Code 26B-3-301

County: means the unincorporated area of a county. See Utah Code 54-17-902

Criteria: means those predetermined and explicitly accepted elements used to measure drug use on an ongoing basis in order to determine if the use is appropriate, medically necessary, and not likely to result in adverse medical outcomes. See Utah Code 26B-3-301

Crossing: means a telecommunications facility constructed under or across a railroad right-of-way:

(i)	at an angle between 80 degrees and 100 degrees;

(ii)

with a minimum depth of:

(A)	10 feet below rail level for nonhorizontal directional drilling; or

(B)	15 feet below rail for horizontal directional drilling; and

(iii)

within a county that is not a county of the first class. See Utah Code 54-23-102

Customer-generated electricity: means electricity that:

(a)	is generated by a customer generation system for a customer participating in a net metering program;

(b)	exceeds the electricity the customer needs for the customer's own use; and

(c)

is supplied to the electrical corporation administering the net metering program. See Utah Code 54-15-102

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Decedent: A deceased person.

Decorative pole: means an authority pole:

(a)	that is specially designed and placed for an aesthetic purpose; and

(b)

(i)

on which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than:

(A)	a small wireless facility;

(B)	a specialty designed informational or directional sign; or

(C)	a temporary holiday or special event attachment; or

(ii)

on which no appurtenance or attachment has been placed, other than:

(A)	a small wireless facility;

(B)	a specialty designed informational or directional sign; or

(C)

a temporary holiday or special event attachment. See Utah Code 54-21-101

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.

Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102

Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 54-2-1

Depose: means to make a written statement made under oath or affirmation. See Utah Code 68-3-12.5

Design district: means an area:

(a)	that is zoned or otherwise designated by municipal ordinance or code; and

(b)

for which the authority maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. See Utah Code 54-21-101

Direct labor: means work required for preparation, processing and packing, other than supervision, administration, inspection, or shipping. See Utah Code 55-5a-2

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 26B-3-501

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 26B-3-601

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 26B-3-701

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101

Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501

Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601

Division: means the Division of Public Utilities created in Section 54-4a-1. See Utah Code 54-17-902

Division: means the Division of Integrated Healthcare of the department. See Utah Code 26B-3-701

Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-801

Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102

Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1

DUR: means the program designed to measure and assess, on a retrospective and prospective basis, the proper use of outpatient drugs in the Medicaid program. See Utah Code 26B-3-301

Electric cooperative: means an electrical corporation that is a:

(a)	distribution electrical cooperative; or

(b)

wholesale electrical cooperative. See Utah Code 54-24-102

Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1

Electrical power delivery quality: means the suitability of power delivered to customers as measured in comparison to accepted industry standards on voltage and power quality. See Utah Code 54-25-101

Electrical power delivery quality plan: means a plan submitted to the commission in accordance with the requirements of this chapter. See Utah Code 54-25-101

Eligible child: means a child who qualifies for enrollment in the program as provided in Section 26B-3-903. See Utah Code 26B-3-901

Eligible facility: means a facility that uses energy derived from one of the following to generate electricity:

(a)	solar photovoltaic and solar thermal energy;

(b)	wind energy;

(c)

hydrogen;

(d)	organic waste;

(e)	hydroelectric energy;

(f)	waste gas and waste heat capture or recovery;

(g)

biomass and biomass byproducts, except for the combustion of:

(i)	wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or

(ii)	municipal waste in a solid form;

(h)	forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

(i)	agricultural residues;

(j)	dedicated energy crops;

(k)	landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or

(l)

geothermal energy. See Utah Code 54-15-102

Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102

Employee welfare benefit plan: means a medical insurance plan developed by an employer under 29 U. See Utah Code 26B-3-1001

Energy utility: means one of the following with 200,000 retail customers in the state:

(i)	an electrical corporation; or

(ii)

a gas corporation. See Utah Code 54-17-401

Enhancement waiver program: means the program established by the Primary Care Network enhancement waiver program described in Section 26B-3-211. See Utah Code 26B-3-501

Entity: includes :

(a)	a domestic and foreign corporation;

(b)	a 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; and

(l)

a foreign government. See Utah Code 16-10a-102

Equipment package: means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. See Utah Code 54-15-102

Estimated excess cost: means any material difference in estimated cost between the costs of a facility, including any necessary right-of-way, if constructed in accordance with the requirements of a local government and the standard cost of the facility. See Utah Code 54-14-103

Excess customer-generated electricity: means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. See Utah Code 54-15-102

Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102

Facility: includes a high voltage power line route as defined in Section 54-18-102. See Utah Code 54-14-103

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 26B-3-1101

Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}

Fee: means a one-time, nonrecurring charge. See Utah Code 54-21-101

Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.

Fiber optic carrier: means a telecommunications corporation or a telecommunications corporation's contractor or agent. See Utah Code 54-23-102

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.

Food service: includes restaurant, cafeteria, snack bar, vending machines for food and beverages, and goods and services customarily offered in connection with them. See Utah Code 55-5-6

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.

Gas pipeline: means equipment, material, and structures used to transport gas to the public utility's customers, including:

(i)

pipe;

(ii)	a compressor;

(iii)

a pressure regulator;

(iv)	a support structure; and

(v)

any other equipment or structure used to transport or facilitate transportation of gas through a pipe. See Utah Code 54-14-103

Governing authority: means the same as that term is defined in Section 54-15-102. See Utah Code 54-24-102

Governing authority: means :

(a)	for a distribution electrical cooperative, its board of directors; and

(b)

for each other electrical corporation, the Public Service Commission. See Utah Code 54-15-102

Grantor: The person who establishes a trust and places property into it.

Gross revenue: means the same as gross receipts from telecommunications service is defined in Section 10-1-402. See Utah Code 54-21-101

Health care provider: means the same as that term is defined in Section 26B-8-411. See Utah Code 26B-3-1101

Health coverage improvement program: means the health coverage improvement program described in Section 26B-3-207. See Utah Code 26B-3-501

Health insurance entity: means :

(a)	an insurer;

(b)	a person who administers, manages, provides, offers, sells, carries, or underwrites health insurance, as defined in Section 31A-1-301;

(c)	a self-insured plan;

(d)	a group health plan, as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;

(e)	a service benefit plan;

(f)	a managed care organization;

(g)	a pharmacy benefit manager;

(h)	an employee welfare benefit plan; or

(i)

a person who is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service. See Utah Code 26B-3-1001

High voltage power line: means :

(a)	an electrical high voltage power line with a nominal voltage of 230 kilovolts or more; and

(b)

an upgraded high voltage power line. See Utah Code 54-18-102

Highway: includes :Utah Code 68-3-12.5

Historic district: means a group of buildings, properties, or sites that are:

(a)

in accordance with 47 C. See Utah Code 54-21-101

Hospital share: means the hospital share described in Section 26B-3-505. See Utah Code 26B-3-501

Hospital share: means the hospital share described in Section 26B-3-605. See Utah Code 26B-3-601

Human waste: means excrement, feces, gray water, or other waste material discharged from the human body. See Utah Code 56-3-1

in writing: includes a communication or representation that is handwritten, typewritten, printed, photostated, photographed, or electronic. See Utah Code 54-21-101

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}

Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1

Initial opt-out period: means the period of time immediately after the community renewable energy program's commencement, as established by the commission by rule made pursuant to Section 54-17-909, during which a participating customer may elect to leave the program without penalty. See Utah Code 54-17-902

Inpatient: means an individual who is a patient and a resident of a care facility. See Utah Code 26B-3-1001

Insurer: includes :

(a)	a group health plan as defined in Subsection 607(1) of the federal Employee Retirement Income Security Act of 1974;

(b)	a health maintenance organization; and

(c)

any entity offering a health service benefit plan. See Utah Code 26B-3-1001

Integrated resource plan: means a plan that contains:

(a)	the demand and energy forecast by the affected electrical utility for at least a ten-year period;

(b)

the affected electrical utility's options for meeting the requirements shown in its load and resource forecast in an economic and reliable manner, including:

(i)	demand-side and supply-side options; and

(ii)	a brief description and summary cost-benefit analysis, if available, of each option that was considered;

(c)	the affected electrical utility's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service;

(d)	a description of the external environmental and economic consequences of the plan to the extent practicable; and

(e)

any other data and analyses as the commission may require. See Utah Code 54-17-102

Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5

Inter vivos: Transfer of property from one living person to another living person.

Interconnection request: means a request from a utility-scale energy generation system to a qualified utility's transmission line. See Utah Code 54-25-101

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 68-3-12.5

Intervention: means a form of communication utilized by the board with a prescriber or pharmacist to inform about or influence prescribing or dispensing practices. See Utah Code 26B-3-301

Inverter: means a device that:

(a)	converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and

(b)

has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102

Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.

Land: includes :Utah Code 68-3-12.5

Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1

Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1

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}

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Lien: A claim against real or personal property in satisfaction of a debt.

Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local yard service: means the movement of any car, coach, locomotive or other rolling stock in the railroad yards of any railroad company and between the railroad yards of one or more railroad companies where the distance does not exceed eight miles. See Utah Code 56-2-1

Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-501

Medicaid accountable care organization: means a managed care organization, as defined in 42 C. See Utah Code 26B-3-601

Medicaid certification: means the right of a nursing care facility, as a provider of a nursing care facility program, to receive Medicaid reimbursement for a specified number of beds within the facility. See Utah Code 26B-3-301

Medicaid Expansion Fund: means the Medicaid Expansion Fund created in Section 26B-1-315. See Utah Code 26B-3-601

Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101

Medicaid waiver expansion: means a Medicaid expansion in accordance with Section 26B-3-113 or 26B-3-210. See Utah Code 26B-3-501

Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101

Medical assistance: means :

(a)	all funds expended for the benefit of a recipient under this chapter or Titles XVIII and XIX, federal Social Security Act; and

(b)

any other services provided for the benefit of a recipient by a prepaid health care delivery system under contract with the department. See Utah Code 26B-3-1001

Medical benefit: means a benefit paid or payable to:

(a)	a health care provider; or

(b)

a recipient or a provider under a program administered by the state under:

(i)	Titles V and XIX of the federal Social Security Act;

(ii)	Title X of the federal Public Health Services Act;

(iii)

the federal Child Nutrition Act of 1966 as amended by Pub. See Utah Code 26B-3-1101

Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-501

Medicare cost report: means CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-601

Medicare Cost Report: means CMS-2552-96 or CMS-2552-10, the cost report for electronic filing of hospitals. See Utah Code 26B-3-701

member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101

Member: means a child enrolled in the program. See Utah Code 26B-3-901

Micro wireless facility: means a type of small wireless facility:

(a)	that, not including any antenna, is no larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height;

(b)	on which any exterior antenna is no longer than 11 inches; and

(c)

that only provides Wi-Fi service. See Utah Code 54-21-101

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

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.

Municipality: means a city or a town as defined in Section 10-1-104. See Utah Code 54-17-902

National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}

Net electricity: means the difference, as measured at the meter owned by the electrical corporation between:

(a)	the amount of electricity that an electrical corporation supplies to a customer participating in a net metering program; and

(b)

the amount of customer-generated electricity delivered to the electrical corporation. See Utah Code 54-15-102

Net metering: means measuring the amount of net electricity for the applicable billing period. See Utah Code 54-15-102

Net metering program: means a program administered by an electrical corporation whereby a customer with a customer generation system may:

(a)	generate electricity primarily for the customer's own use;

(b)	supply customer-generated electricity to the electrical corporation; and

(c)

if net metering results in excess customer-generated electricity during a billing period, receive a credit as provided in Section 54-15-104. See Utah Code 54-15-102

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 26B-3-804. See Utah Code 26B-3-801

Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-501

Non-state government hospital: means a hospital owned by a non-state government entity. See Utah Code 26B-3-601

Nondiscriminatory: means treating similarly situated entities the same absent a reasonable, and competitively neutral basis, for different treatment. See Utah Code 54-21-101

Notarial act: means any act a notary public is authorized by state law to perform, including administering oaths and affirmations, taking acknowledgments of documents, and attesting documents. See Utah Code 57-2a-2

Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102

Nursing care facility: means the following facilities licensed by the department under 2:

(i)	skilled nursing facilities;

(ii)	intermediate care facilities; and

(iii)

an intermediate care facility for people with an intellectual disability. See Utah Code 26B-3-301

Nursing care facility: means :

(i)	a nursing care facility as defined in Section 26B-2-201;

(ii)

beginning January 1, 2006, a designated swing bed in:

(A)	a general acute hospital as defined in Section 26B-2-201; and

(B)

a critical access hospital which meets the criteria of 42 U. See Utah Code 26B-3-401

Nursing care facility program: means the personnel, licenses, services, contracts, and all other requirements that shall be met for a nursing care facility to be eligible for Medicaid certification under this part and division rule. See Utah Code 26B-3-301

Oath: includes "affirmation. See Utah Code 68-3-12.5

Oath: A promise to tell the truth.

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Office: means the Office of Consumer Services created in Section 54-10a-101. See Utah Code 54-17-902

Office: means the Utah State Office of Rehabilitation created in Section 35A-1-202. See Utah Code 55-5a-2

Office of Recovery Services: means the Office of Recovery Services within the department. See Utah Code 26B-3-1001

Ongoing costs: means the costs allocated to the state for transmission and distribution facilities, retail services, and generation assets that are not replaced assets. See Utah Code 54-17-902

Oversight: Committee review of the activities of a Federal agency or program.

Participating community: means a municipality or a county:

(a)	whose residents are served by a qualified utility; and

(b)

the municipality or county meets the requirements in Section 54-17-903. See Utah Code 54-17-902

Participating customer: means :

(a)	a customer of a qualified utility located within the boundary of a municipality or county where a community renewable energy program has been approved by the commission; and

(b)

the customer has not exercised the right to not participate in the community renewable energy program as provided in Section 54-17-905. See Utah Code 54-17-902

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.

Passenger train: means any train operated by a railroad company or corporation pursuant to Title 56, Chapter 1, General Provisions, for the primary purpose of transporting passengers for hire. See Utah Code 56-3-1

Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101

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 26B-3-401

Pay: includes , in reference to a local government paying the actual excess cost of a facility, payment by:

(a)	a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts;

(b)	a special service district under Title 17D, Chapter 1, Special Service District Act; or

(c)

a private entity other than the public utility pursuant to a regulation or decision of the local government. See Utah Code 54-14-103

Permit: means a written authorization an authority requires for a wireless provider to perform an action or initiate, continue, or complete a project. See Utah Code 54-21-101

Person: means :Utah Code 68-3-12.5

Person: means an individual, corporation, unincorporated association, professional corporation, partnership, or other form of business association. See Utah Code 26B-3-1101

Person: means an individual, trust, firm, joint stock company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 56-3-1

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

Pharmacist: means a person licensed in this state to engage in the practice of pharmacy under Title 58, Chapter 17b, Pharmacy Practice Act. See Utah Code 26B-3-301

Physical facility: means the buildings or other physical structures where a nursing care facility program is operated. See Utah Code 26B-3-301

Physician: means a person licensed in this state to practice medicine and surgery under Section 58-67-301 or osteopathic medicine under Section 58-68-301. See Utah Code 26B-3-301

Pilot program period: means a period of five years during which the sustainable transportation and energy plan is effective:

(a)	for a large-scale electric utility, beginning on January 1, 2017; or

(b)

for a large-scale natural gas utility, beginning on July 1, 2019. See Utah Code 54-20-102

Plaintiff: The person who files the complaint in a civil lawsuit.

Plan: means the department's plan submitted to the United States Department of Health and Human Services pursuant to 42 U. See Utah Code 26B-3-901

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.

PPACA: means the same as that term is defined in Section 31A-1-301. See Utah Code 26B-3-101

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:

(a)	an annual report;

(b)	an application for a certificate of authority; or

(c)

a notice of change of principal office. See Utah Code 16-10a-102

Private hospital: means :

(i)	a general acute hospital, as defined in Section 26B-2-201, 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 26B-3-501

Private hospital: means :

(i)	a privately owned general acute hospital operating in the state as defined in Section 26B-2-201; 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 26B-3-601

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Program: means the Utah Children's Health Insurance Program created by this part. See Utah Code 26B-3-901

Property: includes both real and personal property. See Utah Code 68-3-12.5

Proposed corridor: means the transmission line route within a target study area selected by the public utility as the public utility's proposed alignment for a high voltage power line. See Utah Code 54-18-102

Proposed route: means the right-of-way needed for construction of the high voltage power line. See Utah Code 54-18-102

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Provider: means a person or entity who provides services to a recipient. See Utah Code 26B-3-1001

Public office building: means all county courthouses, all city or town halls, and all buildings used primarily for governmental offices of the state or any county, city, or town. See Utah Code 55-5-6

Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1

Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, 16 U. See Utah Code 54-2-1

Qualified utility: means an electric corporation that serves more than 200,000 retail customers in the state. See Utah Code 54-17-801

Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-24-102

Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-17-902

Qualified utility: means the same as that term is defined in Section 54-17-801. See Utah Code 54-25-101

Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that:

(a)	becomes operational or is retrofitted on or after January 1, 2008; and

(b)

reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through another verifiably permanent reduction in carbon dioxide emissions through the use of technology. See Utah Code 54-17-601

Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if:

(a)

(i)	the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or

(ii)	the qualifying electricity is delivered to the transmission system of an electrical corporation or a delivery point designated by the electrical corporation for the purpose of subsequent delivery to the electrical corporation; and

(b)

the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 54-17-601

Qualifying power producer: means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. See Utah Code 54-2-1

Quorum: The number of legislators that must be present to do business.

Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1

Rate: means a recurring charge. See Utah Code 54-21-101

real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by:

(a)

the corporation at its:

(i)	registered office in this state; or

(ii)	principal office;

(b)	the secretary of the corporation, wherever the secretary is found; or

(c)

another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102

Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101

Recipient: means :

(a)	an individual who has applied for or received medical assistance from the state;

(b)	the guardian, conservator, or other personal representative of an individual under Subsection (11)(a) if the individual is a minor or an incapacitated person; or

(c)

the estate and survivors of an individual under Subsection (11)(a), if the individual is deceased. See Utah Code 26B-3-1001

Record date: means the date established under 6, or 7, on which a corporation determines the identity of its shareholders. See Utah Code 16-10a-102

Recovery estate: means , regarding a deceased recipient:

(a)	all real and personal property or other assets included within a decedent's estate as defined in Section 75-1-201;

(b)	the decedent's augmented estate as defined in Section 75-2-203; and

(c)

that part of other real or personal property in which the decedent had a legal interest at the time of death including assets conveyed to a survivor, heir, or assign of the decedent through joint tenancy, tenancy in common, survivorship, life estate, living trust, or other arrangement. See Utah Code 26B-3-1001

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.

Renewable energy certificate: means a certificate issued under Section 54-17-603. See Utah Code 54-17-601

Renewable energy contract: means a contract under this part for the delivery of electricity from one or more renewable energy facilities to a contract customer requiring the use of a qualified utility's transmission or distribution system to deliver the electricity from a renewable energy facility to the contract customer. See Utah Code 54-17-801

Renewable energy facility: means a renewable energy source as defined in Section 54-17-601 that:

(i)	is located in the state; or

(ii)

(A)	is located outside the state; and

(B)

provides energy from baseload renewable resources. See Utah Code 54-17-801

Renewable energy resource: means :

(a)

electric energy generated by a source that is naturally replenished and includes one or more of the following:

(i)

wind;

(ii)	solar photovoltaic or thermal solar technology;

(iii)

a geothermal resource; or

(iv)	a hydroelectric plant; or

(b)

use of an energy efficient and sustainable technology the commission has approved for implementation that:

(i)	increases efficient energy usage;

(ii)	is capable of being used for demand response; or

(iii)

facilitates the use and development of renewable generation resources through electrical grid management or energy storage. See Utah Code 54-17-902

Renewable energy source: means :

(a)

an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995 that derives its energy from one or more of the following:

(i)	wind energy;

(ii)	solar photovoltaic and solar thermal energy;

(iii)

wave, tidal, and ocean thermal energy;

(iv)

except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including:

(A)	organic waste;

(B)	forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

(C)	agricultural residues;

(D)	dedicated energy crops; and

(E)	landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste;

(v)	geothermal energy located outside the state;

(vi)

waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from:

(A)	an abandoned coal mine; or

(B)	a coal degassing operation associated with a state-approved mine permit;

(vii)

efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995;

(viii)

compressed air, if:

(A)	the compressed air is taken from compressed air energy storage; and

(B)	the energy used to compress the air is a renewable energy source; or

(ix)	municipal solid waste;

(b)

any of the following:

(i)

up to 50 average megawatts of electricity per year per electrical corporation from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization;

(ii)	geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; or

(iii)

hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational;

(c)	hydrogen gas derived from any source of energy described in Subsection (10)(a) or (b);

(d)	if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (10)(a) through (c); and

(e)

any of the following located in the state and owned by a user of energy:

(i)

a demand side management measure, as defined by Subsection 54-7-12. See Utah Code 54-17-601

Renewable energy tariff: means a tariff offered by a qualified utility that allows the qualified utility to procure renewable generation on behalf of and to serve its customers. See Utah Code 54-17-801

Replaced asset: means an existing thermal energy resource:

(a)	that was built or acquired, in whole or in part, by a qualified utility to serve the qualified utility's customers, including customers within a participating community;

(b)	that was built or acquired prior to commission approval and the effective date of the community renewable energy program; and

(c)

to the extent the asset is no longer used to serve participating customers. See Utah Code 54-17-902

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.

Resource decision: means a decision, other than a decision to construct or acquire a significant energy resource, involving:

(i)

an energy utility's acquisition, management, or operation of energy production, processing, transmission, or distribution facilities or processes including:

(A)	a facility or process for the efficient, reliable, or safe provision of energy to retail customers;

(B)	an energy efficiency and conservation program; or

(C)	rural gas infrastructure development; or

(ii)

a decision determined by the commission to be appropriate for review under this part. See Utah Code 54-17-401

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) ^{Source: OCC}

Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}

Right-of-way: means the area on, below, or above a public:

(i)

roadway;

(ii)

highway;

(iii)

street;

(iv)

sidewalk;

(v)

alley; or

(vi)

property similar to property listed in Subsections (24)(a)(i) through (v). See Utah Code 54-21-101

Road: includes :Utah Code 68-3-12.5

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 (20)(a). See Utah Code 26B-3-301

Rural gas infrastructure development: means the acquisition, planning, development, extension, expansion, and construction of natural gas utility facilities to serve previously unserved rural areas of the state. See Utah Code 54-17-401

Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for:

(a)

the preparation and maintenance of:

(i)	minutes of the meetings of the board of directors and of the shareholders; and

(ii)	the other records and information required to be kept by the corporation by Section 16-10a-830; and

(b)

authenticating records of the corporation. See Utah Code 16-10a-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.

Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102

Shareholder: means :

(i)	the person in whose name a share is registered in the records of a corporation; or

(ii)

the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-102

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Small wireless facility: means a type of wireless facility:

(a)	on which each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and

(b)

for which all wireless equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet in volume, not including any:

(i)	electric meter;

(ii)	concealment element;

(iii)

telecommunications demarcation box;

(iv)	grounding equipment;

(v)	power transfer switch;

(vi)	cut-off switch;

(vii)

vertical cable run for the connection of power or other service;

(viii)

wireless provider antenna; or

(ix)

coaxial or fiber-optic cable that is immediately adjacent to or directly associated with a particular collocation, unless the cable is a wireline backhaul facility. See Utah Code 54-21-101

Solicitation: means a request for proposals or other invitation for persons to submit a bid or proposal through an open bid process for construction or acquisition of a significant energy resource. See Utah Code 54-17-102

Standard cost: means the estimated cost of a facility, including any necessary right-of-way, if constructed in accordance with:

(i)	the public utility's normal practices; and

(ii)

zoning, subdivision, and building code regulations of a local government, including siting, setback, screening, and landscaping requirements:

(A)	imposed on similar land uses in the same zone; and

(B)

that do not impair the ability of the public utility to provide service to its customers in a safe, reliable, adequate, and efficient manner. See Utah Code 54-14-103

Standards: means the acceptable range of deviation from the criteria that reflects local medical practice and that is tested on the Medicaid recipient database. See Utah Code 26B-3-301

State plan: means the state Medicaid program as enacted in accordance with Title XIX, federal Social Security Act. See Utah Code 26B-3-1001

State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-501

State teaching hospital: means a state owned teaching hospital that is part of an institution of higher education. See Utah Code 26B-3-601

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.

Stigmatized: means :

(a)	the site or suspected site of a homicide, other felony, or suicide;

(b)	the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or

(c)

property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with 9. See Utah Code 57-1-1

Subpoena: A command to a witness to appear and give testimony.

Substation: means a separate space within which electric supply equipment is located for the purpose of switching, regulating, transforming, or otherwise modifying the characteristics of electricity, including:

(i)	electrical equipment such as transformers, circuit breakers, voltage regulating equipment, buses, switches, capacitor banks, reactors, protection and control equipment, and other related equipment;

(ii)	the site at which the equipment is located, any foundations, support structures, buildings, or driveways necessary to locate, operate, and maintain the equipment at the site; and

(iii)

the structure intended to restrict access to the equipment to qualified persons. See Utah Code 54-14-103

SURS: means the Surveillance Utilization Review System of the Medicaid program. See Utah Code 26B-3-301

Sustainable transportation and energy plan: means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including: