Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 345.00 - Rates for Temporary Nursing Services
Section 345.02 - Definitions

As used in 101 CMR 345.00, terms have the meanings in 101 CMR 345.02.

Department. The Department of Public Health established under M.G.L. c. 111.

EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.

Fixed-term Employees. Employees who work exclusively at a particular health-care facility for a specified period of at least 90 days pursuant to a contract between the provider and a temporary nursing agency.

Governmental Unit. The Commonwealth, any department, agency, board, division, or commission of the Commonwealth, and any political subdivision of the Commonwealth.

Health Service Area (HSA). Regional boundaries created for the purposes of health-care planning pursuant to P.L. 93-641. A list of the municipalities in each HSA is included in an appendix to 101 CMR 345.00.

Hospital. A hospital licensed under M.G.L. c. 111, § 51 including, but not limited to, an acute hospital, chronic hospital, rehabilitation hospital, or psychiatric hospital.

Medical Personnel. Registered nurses, licensed practical nurses, and certified nursing assistants, associated with a temporary nursing agency. All such medical personnel are employees unless the agency demonstrates that they should be treated as independent contractors.

Nursing Facility. A nursing or convalescent home; an infirmary maintained in a town; a charitable home for the aged, as defined in M.G.L. c. 111, § 71; or a nursing facility operating under a hospital license issued by the Department pursuant to M.G.L. c. 111, and certified by the Department for participation in MassHealth. It includes facilities that operate a licensed residential-care unit within the nursing facility.

Overtime. Per hour of care in excess of 40 hours per week or eight hours per day, as defined in an agreement between the health-care facility and the agency.

Price. The total amount per hour charged by the agency for a specific service to the provider.

Registered Nurse Specialist. A registered nurse with advanced nursing knowledge and clinical skills acquired through an appropriate nursing education program in accordance with 244 CMR 4.00: Advanced Practice Registered Nursing including, but not limited to, an operating room nurse, clinical nurse specialist, intensive-care unit nurse, coronary-care unit nurse, and infectioncontrol nurse.

Related Party. An individual or organization associated or affiliated with, or that has control of, or is controlled by, the agency; or is related to the agency or any director, stockholder, trustee, partner, or administrator of the agency by common ownership or control or in a manner specified in §§ 267(b) and (c) of the Internal Revenue Code of 1954, provided, however, that 10% is the operative factor as set out in §§ 267(b)(2) and (3). Related individuals include spouses, parents, children, spouses of children, grandchildren, siblings, fathers-in-law, mothers-in-law, brothers-in-law, and sisters-in-law.

Temporary Nursing Agency (Agency). An agency is defined in accordance with the provisions of 105 CMR 157.010: Scope and Applicability. It includes any person, firm, corporation, partnership, or association registered with the Department that is engaged for hire in the business of procuring or providing temporary employment in health-care facilities for medical personnel, referred to as "nursing pools" in M.G.L. c. 111, § 72Y. Each separate location of the business of an agency registered with the Department is an agency. An agency does not include a medical personnel staff arrangement set up by a health-care facility solely for its own use in which the only costs are the salaries paid to such medical personnel; or an individual who engages only in providing his or her own services on a temporary basis to health-care facilities.

Travel Nurse Employees. Nurses employed by temporary nursing agencies who are required to move to temporary housing to provide services with rate limits established by 101 CMR 345.00 and for whom such agencies cover costs that must include temporary housing costs, but which also may include other costs including, but not necessarily limited to, meals.