Page 95

diagnostic testing equipment for an independent diagnostic purpose; and

(B) administratively and financially distinct from a health care facility or an office of private physicians or dentists;

(24) “intermediate care facility” means a nursing home that is not a skilled nursing facility;

(25) “intermediate care facility for individuals with an intellectual disability or related condition” means a facility, or a distinct part of a facility, licensed under AS 47.32, that is primarily for the diagnosis, treatment, or rehabilitation of individuals with intellectual and developmental disabilities or persons with related conditions;

(26) “kidney dialysis center”

(A) means a treatment center;

(B) includes a free-standing hemodialysis unit that is devoted to the treatment of kidney disease;

(27) “member of the public who is substantially affected” means

(A) an applicant for a certificate of need, including an applicant whose application was reviewed comparatively with the application in question;

(B) a person who

(i)resides and regularly uses a health care facility…#

(i) resides and regularly uses a health care facility within the geographic area served or to be served by the health care services that would be provided under the certificate of need; and

(ii)testified at a public hearing held or who submitted…#

(ii) testified at a public hearing held or who submitted written comments on the application in question;

(i) that is located in the geographic area where the health care services would be provided under the certificate of need; and

(ii) who testified at a public hearing held or who submitted written comments on the application in question; or

(D) a third-party payor that

(i) reimburses a health care facility for services in the service area where the health care services would be provided under the certificate of need; and

(ii) testified at a public hearing held or submitted written comments on the application in question;

(28) “nursing facility”