§ 35-24-102 — Definitions

(a) As used in this chapter:
(i) "Access" means the financial, temporal or
geographic availability of health care to consumers;
(ii) "Aggrieved party" means any provider, purchaser
or third-party payor including but not limited to any hospital,
physician, allied health professional, health care provider or
other person furnishing goods or services to or in competition
with hospitals, insurers, hospital service corporations, medical
service corporations, preferred provider organizations, health
maintenance organizations or any employer or association that
directly or indirectly provides health care benefits to its
employees or members;
(iii) "Applicant" means a party to an agreement or
business arrangement for which approval is sought under this
chapter;
(iv) "Cost" means the amount paid by consumers or
third party payors for health care services or products and the
amount of premiums charged to consumers and employers for health
insurance;
(v) "Criteria" means the costs, access and quality of
health care and the maintenance of a comprehensive health care
system in the state;
(vi) "Department" means the department of health;
(vii) "Director" means the director of the
department;
(viii) "Exception" means a document issued by the
director to parties who enter into a cooperative arrangement
verifying that the director declares the purposes and objectives
of the cooperative arrangement meet the standards prescribed
under this chapter and reflecting that the arrangement is
excepted and immune from federal and state antitrust liability;
(ix) "Health care products" means medical equipment
whether fixed or movable, used by a provider in the delivery of
a health care service;
(x) "Health care service" means any service provided
by a health care provider licensed by the state which is
generally reimbursed by medical assistance or third party
coverage, but does not include retail, over-the-counter sales of
nonprescription drugs and other retail sales of health-related
products not generally reimbursed by medical assistance and
other third party coverage;
(xi) "Provider" means any person or health care
facility licensed, registered, certified, permitted or otherwise
officially recognized by this state to provide health care in
the ordinary course of business or practice of a profession or
if a freestanding outpatient facility, a facility fee is charged
for health services provided, or any combination of providers
described in this paragraph which engages in payment or
reimbursement functions in connection with a coordinated program
for the delivery and financing of health care, including health
maintenance organizations which are wholly or partially owned
and operated by providers;
(xii) "Purchaser" means a person or organization that
purchases health care services on behalf of an identified group
of persons, regardless of whether the cost of coverage or
services is paid for by the purchaser or by the persons
receiving coverage or services;
(xiii) "Third party payor" means any insurer or other
entity responsible for providing payment for health care
services, including the worker's compensation division of the
department of workforce services and any self-insured entity;
(xiv) "Trade secrets" means proprietary data
including a formula, pattern, compilation, program, device,
method, technique or process that:
(A) Is supplied by the affected individual or
organization to the state;
(B) Is the subject of efforts by the individual
or organization that are reasonable under the circumstances to
maintain secrecy; and
(C) Derives independent economic value, actual
or potential, from not being generally known and not being
readily ascertainable by proper means by other persons who can
obtain economic value from its disclosure or use.