§ 131E‑76. Definitions.
As used in this article,unless otherwise specified:
(1) "Commission"means the North Carolina Medical Care Commission.
(1a) "Critical accesshospital" means a hospital which has been designated as a critical accesshospital by the North Carolina Department of Health and Human Services, Officeof Research, Demonstrations and Rural Health Development. To be designated as acritical access hospital under this subdivision, the hospital must be certifiedas a critical access hospital pursuant to 42 CFR Part 485 Subpart F. The NorthCarolina Department of Health and Human Services, Office of Research,Demonstrations, and Rural Health Development may designate a hospital locatedin a Metropolitan Statistical Area as a rural hospital for the purposes of thecritical access hospital program if the hospital is located in a county withtwenty‑five percent (25%) or more rural residents as defined by the mostrecent United States decennial census.
(1b) through (1d) Reserved forfuture codification purposes.
(1e) "Gastrointestinalendoscopy room" means a room used for the performance of procedures thatrequire the insertion of a flexible endoscope into a gastrointestinal orificeto visualize the gastrointestinal lining and adjacent organs for diagnostic ortherapeutic purposes.
(2) "Governingbody" means the Board of Trustees, Board of Directors, partnership,corporation, association, person or group of persons who maintain and controlthe hospital. The governing body may or may not be the owner of the propertiesin which the hospital services are provided.
(3) "Hospital"means any facility which has an organized medical staff and which is designed,used, and operated to provide health care, diagnostic and therapeutic services,and continuous nursing care primarily to inpatients where such care andservices are rendered under the supervision and direction of physicianslicensed under Chapter 90 of the General Statutes, Article 1, to two or morepersons over a period in excess of 24 hours. The term includes facilities forthe diagnosis and treatment of disorders within the scope of specific healthspecialties. The term does not include private mental facilities licensed underArticle 2 of Chapter 122C of the General Statutes, nursing homes licensed underG.S. 131E‑102, adult care homes licensed under Part 1 of Article 1 ofChapter 131D of the General Statutes, and any outpatient department including aportion of a hospital operated as an outpatient department, on or off of thehospital's main campus, that is operated under the hospital's control orownership and is classified as Business Occupancy by the Life Safety Code ofthe National Fire Protection Association as referenced under 42 C.F.R. §482.41. Provided, however, if the Business Occupancy outpatient location is tobe operated within 30 feet of any hospital facility, or any portion thereof,which is classified as Health Care Occupancy or Ambulatory Health CareOccupancy under the Life Safety Code of the National Fire ProtectionAssociation, the hospital shall provide plans and specifications to theDepartment for review and approval as required for hospital construction orrenovations in a manner described by the Department.
(4) "Infirmary"means a unit of a school, or similar educational institution, which has theprimary purpose to provide limited short‑term health and nursing servicesto its students.
(5) "Medical reviewcommittee" means any of the following committees formed for the purpose ofevaluating the quality, cost of, or necessity for hospitalization or healthcare, including medical staff credentialing:
a. A committee of astate or local professional society.
b. A committee of amedical staff of a hospital.
c. A committee of ahospital or hospital system, if created by the governing board or medical staffof the hospital or system or operating under written procedures adopted by thegoverning board or medical staff of the hospital or system.
d. A committee of apeer review corporation or organization.
(6) Renumbered.
(6a) "Operatingroom" means a room used for the performance of surgical proceduresrequiring one or more incisions and that is required to comply with allapplicable licensure codes and standards for an operating room.
(7) "Rural hospitalnetwork" means an alliance of members that shall include at least onecritical access hospital and one other hospital. To qualify as a rural hospitalnetwork, the critical access hospital must submit a comprehensive, writtenmemorandum of understanding to the Department of Health and Human Services,Office of Research, Demonstrations and Rural Health Development, for theDepartment's approval. The memorandum of understanding must include provisionsfor patient referral and transfer, a plan for network‑wide emergencyservices, and a plan for sharing patient information and services betweenhospital members including medical staff credentialing, risk management,quality assurance, and peer review. (1947, c. 933, s. 6; 1949, c. 920, s. 1; 1955, c.369; 1961, c. 51, s. 1; 1973, c. 476, s. 152; 1983, c. 775, s. 1; 1985, c. 589,s. 41; 1993, c. 321, s. 245; 1995, c. 535, s. 20; 1997‑443, s.11A.118(a); 2004‑149, ss. 1.1, 2.4; 2004‑199, s. 49; 2005‑346,ss. 1, 2; 2009‑462, s. 4(j); 2009‑487, s. 4(a).)