Vermont § 9432 - Definitions As used in this subchapter: (1) “Ambulatory surgical center” means a facility or portion of a facility that provides surgical care not requiring an overnight stay

§ 9432. Definitions As used in this subchapter: (1) “Ambulatory surgical center” means a facility or portion of a facility that provides surgical care not requiring an overnight stay

• . The office of a dentist in which activities
  are limited to dentistry and oral or maxillofacial surgical procedures shall not be
  deemed an ambulatory surgical center for purposes of this subchapter. In order to
  be considered an ambulatory surgical center, a facility shall meet all the following
  criteria: (A) charge, or intend to charge, a facility fee in addition to professional fees for the
  services performed; (B) have an operating room or recovery room in the facility; (C) use an anesthesiologist or nurse anesthetist; (D) provide one or more outpatient services for which Medicare coverage is provided. (2) “Annual operating expense” means that expense that, by generally accepted accounting
  principles, is incurred by a new health care service during the first fiscal year
  in which the service is in full operation after completion of the project. (3) “Applicant” means a person who has submitted an application or proposal requesting
  issuance of a certificate of need. (4) “Bed capacity” means the number of licensed beds operated by the facility under its
  most current license under chapter 43 of this title and of facilities under 33 V.S.A. chapter 71. (5) “Capital expenditure” means an expenditure for the plant or equipment that is not
  properly chargeable as an expense of operation and maintenance and includes acquisition
  by purchase, donation, leasehold expenditure, or lease that is treated as capital
  expense in accordance to the accounting standards established for lease expenditures
  by the Financial Accounting Standards Board, calculated over the length of the lease
  for plant or equipment, and includes assets having an expected life of at least three
  years. A capital expenditure includes the cost of studies, surveys, designs, plans,
  working drawings, specifications, and other activities essential to the acquisition,
  improvement, expansion, or replacement of the plant and equipment. (6) “Construction” means actual commencement of any construction or fabrication of any
  new building, or addition to any existing facility, or any expenditure relating to
  the alteration, remodeling, renovation, modernization, improvement, relocation, repair,
  or replacement of a health care facility, including expenditures necessary for compliance
  with life and health safety codes. (7) “To develop,” when used in connection with health services, means to undertake activities
  that on their completion will result in the offer of a new health care project, or
  the incurring of a financial obligation in relation to the offering of a service. (8) “Health care facility” means all persons or institutions, including mobile facilities,
  whether public or private, proprietary or not for profit, that offer diagnosis, treatment,
  inpatient, or ambulatory care to two or more unrelated persons, and the buildings
  in which those services are offered. The term shall not apply to any institution operated
  by religious groups relying solely on spiritual means through prayer for healing,
  but shall include: (A) hospitals, including general hospitals, mental hospitals, chronic disease facilities,
  birthing centers, maternity hospitals, and psychiatric facilities including any hospital
  conducted, maintained, or operated by the State of Vermont, or its subdivisions, or
  a duly authorized agency thereof; (B) nursing homes, health maintenance organizations, home health agencies, outpatient
  diagnostic or therapy programs, kidney disease treatment centers, mental health agencies
  or centers, diagnostic imaging facilities, independent diagnostic laboratories, cardiac
  catheterization laboratories, radiation therapy facilities, or any inpatient or ambulatory
  surgical, diagnostic, or treatment center. (9) “Health care provider” means a person, partnership, corporation, facility, or institution,
  licensed or certified or authorized by law to provide professional health care service
  in this State to an individual during that individual’s medical care, treatment, or
  confinement. (10) “Health services” mean activities and functions of a health care facility that are
  directly related to care, treatment, or diagnosis of patients. (11) “Material change” means a change to a health care project for which a certificate
  of need has been issued that: (A) constitutes a new health care project as defined in section 9434 of this title; or (B) increases the total costs of the project by more than 10 percent of the approved amount. (12) “Nonmaterial change” means a modification that does not meet the cost threshold of
  a material change as defined in subdivision (11) of this section, but otherwise modifies
  the kind, scope, or capacity of a project for which a certificate of need has been
  granted under this subchapter. (13) “Obligation” means an obligation for a capital expenditure which is deemed to have
  been incurred by or on behalf of a health care facility or health maintenance organization. (14) “To offer,” when used in connection with health services, means that a health care
  provider holds itself out as capable of providing, or as having the means for the
  provision of, specified health services. (Added 1979, No. 65, § 1; amended 1985, No. 151 (Adj. Sess.), § 16; 1985, No. 234 (Adj. Sess.), § 1; 1987, No. 96, § 8; 1989, No. 180 (Adj. Sess.), § 1; 1989, No. 225 (Adj. Sess.), § 25(b); 1991, No. 160 (Adj. Sess.), § 24, eff. May 11, 1992; 1993, No. 114 (Adj. Sess.), §§ 3, 4; 1995, No. 180 (Adj. Sess.), § 23; 1997, No. 159 (Adj. Sess.), § 7, eff. April 29, 1998; 2003, No. 53, §§ 9, 26; 2005, No. 71, § 77c; 2007, No. 139 (Adj. Sess.), § 1; 2009, No. 49, § 13.)