§ 131A-3. Definitions. - North Carolina Statutes

§ 131A‑3.  Definitions.

As used or referred to in thisChapter, the following words and terms shall have the following meanings,unless the context clearly indicates otherwise:

(1)        "Bonds" or"notes" means the revenue bonds or bond anticipation notes, respectively,authorized to be issued by the Commission under this Chapter;

(2)        "Commission"means the North Carolina Medical Care Commission, created by Part 10 of Article3 of Chapter 143B of the General Statutes, or, should said Commission beabolished or otherwise divested of its functions under this Chapter, the publicbody succeeding it in its principal functions, or upon which are conferred bylaw the rights, powers and duties given by this Chapter to the Commission;

(3)        "Cost" asapplied to any health care facilities means the cost of construction oracquisition; the cost of acquisition of property, including rights in land andother property, both real and personal and improved and unimproved; the cost ofdemolishing, removing or relocating any buildings or structures on land soacquired, including the cost of acquiring any land to which such buildings orstructures may be moved or relocated; the cost of all machinery, fixed andmovable equipment and furnishings; financing charges, interest prior to and duringconstruction and, if deemed advisable by the Commission, for a period notexceeding two years after the estimated date of completion of construction, thecost of engineering and architectural surveys, plans and specifications; thecost of consulting and legal services and other expenses necessary or incidentto determining the feasibility or practicability of constructing or acquiringsuch health care facilities; the cost of administrative and other expensesnecessary or incident to the construction or acquisition of such health carefacilities, and the financing of the construction or acquisition thereof,including reasonable provision for working capital and a reserve for debtservice; the cost of reimbursing any public or nonprofit agency for any paymentsmade for any cost described above or the refinancing of any cost describedabove, provided that no payment shall be reimbursed or any cost be refinancedif such payment was made or such cost was incurred earlier than two years priorto the effective date of this Chapter; provided further, that it is the intentthat any costs described above shall be payable solely from the revenues of thehealth care facilities;

(4)        "Health carefacilities" means any one or more buildings, structures, additions, extensions,improvements or other facilities, whether or not located on the same site orsites, machinery, equipment, furnishings or other real or personal propertysuitable for health care or medical care; and includes, without limitation:general hospitals, chronic diseases, maternity, mental, tuberculosis and otherspecialized hospitals; facilities for intensive care and self‑care;nursing homes, including skilled nursing facilities and intermediate carefacilities; facilities for continuing care of the elderly and infirm; clinicsand outpatient facilities; clinical, pathological and other laboratories;health care research facilities; laundries; training facilities for nurses,interns, physicians and other staff members; food preparation and food service facilities;administration buildings, central service and other administrative facilities;communication, computer; and other electronic facilities, fire‑fightingfacilities, pharmaceutical facilities and recreational facilities; storagespace, X‑ray, laser, radiotherapy and other apparatus and equipment;dispensaries; utilities; vehicular parking lots and garages; office facilitiesfor health care facilities staff members and physicians; and such other healthcare facilities customarily under the jurisdiction of or provided by hospitals,or any combination of the foregoing, with all necessary, convenient or relatedinterests in land, machinery, apparatus, appliances, equipment, furnishings,appurtenances, site preparation, landscaping and physical amenities;

(5)        "Non‑profitagency" means any nonprofit corporation existing or hereafter created andempowered to acquire, by lease or otherwise, operate or maintain health carefacilities;

(6)        "Publicagency" means any county, city, town, hospital district or other politicalsubdivision of the State existing or hereafter created pursuant to the laws ofthe State authorized to acquire, by lease or otherwise, operate or maintainhealth care facilities;

(7)        "State"means the State of North Carolina;

(8)        "Federallyguaranteed security" means any security, investment or evidence ofindebtedness issued pursuant to any provision of federal law for the purpose offinancing or refinancing the cost of any health care facilities which isinsured or guaranteed, directly or indirectly, in whole or in part as to therepayment of principal or interest by the United States of America or anyinstrumentality thereof;

(9)        "Federallyinsured mortgage note" means any loan secured by a mortgage or deed oftrust on any health care facilities owned or leased by any public or nonprofitagency which is insured or guaranteed, directly or indirectly, in whole or inpart as to the repayment of principal and interest by the United States ofAmerica or any instrumentality thereof, or any commitment by the United Statesof America or any instrumentality thereof to so insure or guarantee such a loansecured by a mortgage or a deed of trust.

(10)      "Continuingcare" means the furnishing, pursuant to a continuing care agreement, ofshelter, food, and nursing care to an individual not related by consanguinityor affinity to the provider furnishing such care. Other personal servicesprovided shall be designated in the continuing care agreement. Continuing careshall include only life care, care for life, or care for a term of years;

(11)      "Life care"or "care for life" means a life lease, life membership, life estate,or similar agreement between an individual and a provider by which theindividual pays a fee for the right to occupy a space in the continuing carefacility and to receive continuing care for life; and

(12)      "Care for a termof years" means an agreement between an individual and a provider wherebythe individual pays a fee for the right to occupy space in a continuing carefacility, and to receive continuing care, for at least one year, but for lessthan the life of the member. (1975, c. 766, s. 1; 1979, c. 54, s. 1; 1981, c. 64;c. 867, ss. 1, 2; 2005‑238, s. 13.)