37 Pa. Code § 197.1

Current through Register Vol. 54, No. 50, December 14, 2024
Section 197.1 - Definitions
(a) Subject to additional definitions contained in subsequent sections of this chapter, the following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The Health Care Facilities Act (35 P. S. §§ 448.101-448.904).

Appellant-A person filing an appeal with the Hearing Board.

Applicant-A person filing an application for a certificate of need.

Department-The Department of Health of the Commonwealth.

Documents-Notices, petitions, briefs, reply briefs, rules, motions, praecipes and other papers.

Health service area-The area served by a health systems agency as designated in accordance with Title XV of the Public Health Service Act (42 U.S.C.A. §§ 300k-1-300 n-6) (Repealed).

Health systems agency-An entity which has been conditionally or fully designated under Title XV of the Public Health Service Act (42 U.S.C.A. §§ 300k-1-300 n-6) (Repealed).

Hearing Board-The State Health Facility Hearing Board created under the act.

Party-The appellant, the Department, a certificate of need applicant and a person who has been granted party status by order of the Hearing Board. The term is not synonymous with the term "parties to the proceeding" as used in section 703(a) of the act (35 P. S. § 448.703(a)).

Person-A natural person; corporation including associations, joint stock companies and insurance companies; partnership; trust; estate; association; the Commonwealth and a local governmental unit, authority and agency thereof. The term includes entities owning or operating a health care facility or health maintenance organization.

Petitioner-A person filing a petition with the Hearing Board.

Project-A proposal by a person to offer, develop, construct or otherwise establish or undertake to establish a new institutional health service.

Specification of objections-The appellant's reasons for appealing the decision of the Department as set forth in the notice of appeal and the appeal brief.

(b) Subsection (a) supplements 1 Pa. Code §31.3 (relating to definitions).

37 Pa. Code § 197.1

The provisions of this § 197.1 adopted May 1, 1981, effective 5/2/1981, 11 Pa.B. 1455; amended August 19, 1983, effective 8/20/1983, 13 Pa.B. 2551; amended September 4, 1987, effective 9/5/1987, 17 Pa.B. 3609.

The provisions of this § 197.1 amended under section 805(b) of the Health Care Facilities Act (35 P. S. § 448.805(b)); and 2 Pa.C.S. § 102(a).