Section 19-3 - B-01. Definitions.
§ 19-3B-01. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Ambulatory surgical facility.-
(1) "Ambulatory surgical facility" means any center, service, office facility, or other entity that:
(i) Operates primarily for the purpose of providing surgical services to patients requiring a period of postoperative observation but not requiring overnight hospitalization; and
(ii) Seeks reimbursement from payors as an ambulatory surgery center.
(2) "Ambulatory surgical facility" does not include:
(i) The office of one or more health care practitioners seeking only professional reimbursement for the provisions of medical services, unless:
1. The office operates under contract or other agreement with a payor as an ambulatory surgical facility regardless of whether it is paid a technical or facility fee; or
2. The office is designated to receive ambulatory surgical referrals in accordance with utilization review or other policies adopted by a payor;
(ii) Any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title;
(iii) The office of a health care practitioner with not more than one operating room if:
1. The office does not receive a technical or facility fee; and
2. The operating room is used exclusively by the health care practitioner for patients of the health care practitioner;
(iv) The office of a group of health care practitioners with not more than one operating room if:
1. The office does not receive a technical or facility fee; and
2. The operating room is used exclusively by members of the group practice for patients of the group practice; or
(v) An office owned or operated by one or more dentists licensed under the Health Occupations Article.
(c) Freestanding ambulatory care facility.- "Freestanding ambulatory care facility" means:
(1) An ambulatory surgical facility;
(2) A freestanding endoscopy facility;
(3) A freestanding facility utilizing major medical equipment;
(4) A kidney dialysis center; or
(5) A freestanding birthing center.
(d) Freestanding birthing center.-
(1) "Freestanding birthing center " means a facility that provides nurse midwife services under Title 8, Subtitle 6 of the Health Occupations Article.
(2) "Freestanding birthing center " does not include:
(i) A hospital regulated under Subtitle 2 of this title; or
(ii) The private residence of the mother.
(e) Freestanding endoscopy facility.-
(1) "Freestanding endoscopy facility" means a facility:
(i) For the testing, diagnosis, or treatment of a medical disorder in conjunction with the use of microscopic, endoscopic, or laparoscopic equipment that is inserted in a naturally occurring orifice of the body; and
(ii) That seeks reimbursement as a freestanding endoscopy facility from payors or Medicare.
(2) "Freestanding endoscopy facility" does not include:
(i) The office of one or more health care practitioners unless:
1. The office operates under a contract or other agreement with a payor as a freestanding endoscopy facility regardless of whether it is paid a technical or facility fee; or
2. The office is designated to receive endoscopic referrals in accordance with utilization review or other policies adopted by a payor; or
(ii) Any facility or service operated by a hospital and regulated under Subtitle 2 of this title.
(f) Freestanding facility operating major medical equipment.-
(1) "Freestanding facility operating major medical equipment" means a facility using major medical equipment.
(2) "Freestanding facility operating major medical equipment" does not include any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title.
(g) Health care practitioner.- "Health care practitioner" means a person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide medical services in the ordinary course of business or practice of a profession.
(h) Kidney dialysis center.-
(1) "Kidney dialysis center" means a facility that provides hemodialysis or chronic peritoneal dialysis.
(2) "Kidney dialysis center" does not include any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title.
(i) License.- "License" means a license issued by the Secretary under this subtitle.
(j) Major medical equipment.- "Major medical equipment" means:
(1) Cardiac catheterization equipment;
(2) A computer tomography (CT) scanner;
(3) A lithotripter;
(4) Radiation therapy equipment, including a linear accelerator; or
(5) A magnetic resonance imager (MRI).
(k) Payor.- "Payor" means:
(1) A health insurer, nonprofit health service plan, or health maintenance organization that holds a certificate of authority to offer health insurance policies or contracts in the State in accordance with this article or the Insurance Article;
(2) A third party administrator or any other entity under contract with a Maryland business to administer health benefits; or
(3) A self-insured group.
(l) Surgical services.- "Surgical services" means any invasive procedure whether therapeutic or diagnostic involving the use of:
(1) Any cutting instrument;
(2) Microscopic, endoscopic, arthroscopic, or laparoscopic equipment; or
(3) A laser for the removal or repair of an organ or other tissue.
[1995, ch. 499, § 3; 1996, ch. 10, § 1; 1997, ch. 70, § 4; 2004, ch. 25, § 6.]