§ 131A-3.  Definitions.

The following definitions apply in this Article:

(1) Bonds or notes. - The revenue bonds or bond anticipation notes, respectively, authorized to be issued by the Commission under this Article.

(2) Care for a term of years. - An agreement between an individual and a provider by which the individual pays a fee for the right to occupy space in a continuing care facility and to receive continuing care for at least one year but for less than the life of the member.

(3) Commission. - The North Carolina Medical Care Commission, created by Part 10 of Article 3 of Chapter 143B of the General Statutes, or a successor body.

(4) Continuing care. - The furnishing, pursuant to a continuing care agreement, of shelter, food, and nursing care to an individual not related by consanguinity or affinity to the provider furnishing the care. Other personal services provided shall be designated in the continuing care agreement. This term includes only life care, care for life, or care for a term of years.

(5) Cost. - As applied to any health care facilities, any of the following:

a. The cost of construction or acquisition.

b. The cost of acquisition of property, including property rights, both real and personal and improved and unimproved.

c. The cost of demolishing, removing, or relocating any buildings or structures on land acquired, including the cost of acquiring any land to which the buildings or structures may be moved or relocated.

d. The cost of all machinery, fixed and movable equipment, and furnishings.

e. Financing charges, interest prior to and during construction, and, if deemed advisable by the Commission, for a period not exceeding two years after the estimated date of completion of construction, the cost of engineering and architectural surveys, plans, and specifications.

f. The cost of consulting and legal services and other expenses necessary or incident to determining the feasibility or practicability of constructing or acquiring the health care facilities.

g. The cost of administrative and other expenses necessary or incident to the construction or acquisition of the health care facilities and the financing of the construction or acquisition, including reasonable provision for working capital and a reserve for debt service.

h. The cost of reimbursing a public or nonprofit agency for any payments made for any cost described in this subdivision or the refinancing of any cost described in this subdivision. This term, however, does not include any reimbursement or refinancing costs that are not payable solely from the revenues of the health care facilities.

(6) Federally guaranteed security. - A security, investment, or evidence of indebtedness issued pursuant to federal law for the purpose of financing or refinancing the cost of a health care facility and that is insured or guaranteed, directly or indirectly, in whole or in part as to the repayment of principal or interest by the United States of America or any instrumentality thereof.

(7) Federally insured mortgage note. - A loan secured by a mortgage or deed of trust on a health care facility owned or leased by a public or nonprofit agency and that is insured or guaranteed, directly or indirectly, in whole or in part as to the repayment of principal and interest by the United States of America or any instrumentality thereof, or by a commitment of the United States of America or any instrumentality thereof.

(8) Health care facilities. - Any one or more buildings, structures, additions, extensions, improvements, or other facilities, whether or not located on the same site, machinery, equipment, furnishings, or other real or personal property suitable for health care or medical care. The term includes, without limitation, any of the following facilities related to health care:

a. General hospitals or specialized hospitals, such as hospitals for chronic diseases, maternity, or mental health.

b. Facilities for intensive care and self-care.

c. Nursing homes, including skilled nursing facilities and intermediate care facilities.

d. Facilities for the continuing care of the elderly and infirm.

e. Clinics and outpatient facilities.

f. Clinical, pathological, and other laboratories.

g. Health care research facilities.

h. Laundries.

i. Training facilities for nurses, interns, physicians, and other staff members.

j. Food preparation and food service facilities.

k. Administration buildings, central service facilities, and other administrative facilities.

l. Communication, computer, and other electronic facilities, firefighting facilities, pharmaceutical facilities, and recreational facilities.

m. Storage space.

n. X-ray, laser, radiotherapy, and other apparatus and equipment.

o. Dispensaries.

p. Utilities.

q. Vehicular parking lots and garages.

r. Office facilities for staff members and physicians of a health care facility.

s. Other facilities customarily under the jurisdiction of or provided by hospitals, or any combination of the facilities listed in this subdivision, with all related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities.

(9) Life care or care for life. - A life lease, life membership, life estate, or similar agreement between an individual and a provider by which the individual pays a fee for the right to occupy a space in the continuing care facility and to receive continuing care for life.

(10) Nonprofit agency. - A nonprofit corporation authorized to acquire, by lease or otherwise, operate, or maintain health care facilities.

(11) Public agency. - A county, city, town, hospital district, or other political subdivision of the State authorized to acquire, by lease or otherwise, operate, or maintain health care facilities.

(12) State. - State of North Carolina.  (1975, c. 766, s. 1; 1979, c. 54, s. 1; 1981, c. 64; c. 867, ss. 1, 2; 2005-238, s. 13; 2019-240, s. 27.1(a), (b); 2025-25, s. 38(a).)