Section 19-3 - B-01. Definitions. - Maryland Statutes

§ 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.]