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<section article="ghg" article_name="Health - General" number="19-701" title_number="19" title_name="Health Care Facilities" subtitle_number="7" subtitle_name="Health Maintenance Organizations">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Benefit package” means a set of health care services to be provided to a member of a health maintenance organization under a contract that entitles the member to the health care services, whether the services are provided:</text>
    <level label="1">
      <text>Directly by a health maintenance organization; or</text>
    </level>
    <level label="2">
      <text>Through a contract or arrangement with another person.</text>
    </level>
  </level>
  <level label="c">
    <text>“Commissioner” means the State Insurance Commissioner.</text>
  </level>
  <level label="d">
    <text>“Covered service” means a health care service included in the benefit package of the health maintenance organization and rendered to a member or subscriber of the health maintenance organization by:</text>
    <level label="1">
      <text>A provider under contract with the health maintenance organization, when the service is obtained in accordance with the terms of the benefit contract of the member or subscriber; or</text>
    </level>
    <level label="2">
      <text>A noncontracting provider under § 19–710.1 of this subtitle, when the service is:</text>
      <level label="i">
        <text>Obtained in accordance with the terms of the benefit contract of the member or subscriber;</text>
      </level>
      <level label="ii">
        <text>Obtained pursuant to a verbal or written referral by:</text>
        <level label="1">
          <text>The health maintenance organization of the member or subscriber; or</text>
        </level>
        <level label="2">
          <text>A provider under written contract with the health maintenance organization of the member or subscriber; or</text>
        </level>
      </level>
      <level label="iii">
        <text>Preauthorized or otherwise approved either verbally or in writing by:</text>
        <level label="1">
          <text>The health maintenance organization of the member or subscriber; or</text>
        </level>
        <level label="2">
          <text>A provider under written contract with the health maintenance organization of the member or subscriber.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="e">
    <text>“Emergency medical condition” means a medical condition, including a mental health condition or substance use disorder, that manifests itself by acute symptoms of such severity, including severe pain, that the absence of immediate medical attention could reasonably be expected by a prudent layperson, who possesses an average knowledge of health and medicine, to result in a condition described in § 1867(e)(1) of the Social Security Act.</text>
  </level>
  <level label="e–1">
    <level label="1">
      <text>“Emergency services” means, with respect to an emergency medical condition:</text>
      <level label="i">
        <text>A medical screening examination that is within the capability of the emergency department of a hospital or freestanding medical facility, including ancillary services routinely available to the emergency department to evaluate an emergency medical condition;</text>
      </level>
      <level label="ii">
        <text>Any other examination or treatment within the capabilities of the staff and facilities available at the hospital or freestanding medical facility that is necessary to stabilize the patient, regardless of the department of the hospital in which the examination or treatment is furnished; or</text>
      </level>
      <level label="iii">
        <text>Except as provided in paragraph (3) of this subsection, additional covered items and services furnished by a health care provider of emergency services that does not have a contractual relationship with the carrier after the patient is stabilized and as part of outpatient observation or an inpatient or outpatient stay with respect to the visit in which the services described in items (i) and (ii) of this paragraph are furnished.</text>
      </level>
    </level>
    <level label="2">
      <text>“Emergency services” includes services described in paragraph (1) of this subsection that are provided in specialized facilities that are staffed by behavioral health providers trained to provide crisis services.</text>
    </level>
    <level label="3">
      <text>Subject to § 19–710(p) of this subtitle and § 14–205.2 of the Insurance Article, “emergency services” does not include items and services described in paragraph (1)(iii) of this subsection if all of the conditions in 45 C.F.R. § 149.410(b) are met.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>“Health care services” means services, medical equipment, and supplies that are provided by a provider.</text>
    </level>
    <level label="2">
      <text>“Health care services” includes:</text>
      <level label="i">
        <text>Ambulance services;</text>
      </level>
      <level label="ii">
        <text>Appliances, drugs, medicines, and supplies;</text>
      </level>
      <level label="iii">
        <text>Chiropractic care and services;</text>
      </level>
      <level label="iv">
        <text>Convalescent institutional care;</text>
      </level>
      <level label="v">
        <text>Dental care and services;</text>
      </level>
      <level label="vi">
        <text>Extended care;</text>
      </level>
      <level label="vii">
        <text>Family planning or infertility services;</text>
      </level>
      <level label="viii">
        <text>Health education services;</text>
      </level>
      <level label="ix">
        <text>Home health care or medical social services;</text>
      </level>
      <level label="x">
        <text>Inpatient hospital services;</text>
      </level>
      <level label="xi">
        <text>Laboratory, radiological, or other diagnostic services;</text>
      </level>
      <level label="xii">
        <text>Medical care and services;</text>
      </level>
      <level label="xiii">
        <text>Mental health services;</text>
      </level>
      <level label="xiv">
        <text>Nursing care and services;</text>
      </level>
      <level label="xv">
        <text>Nursing home care;</text>
      </level>
      <level label="xvi">
        <text>Optical care and services;</text>
      </level>
      <level label="xvii">
        <text>Optometric care and services;</text>
      </level>
      <level label="xviii">
        <text>Osteopathic care and services;</text>
      </level>
      <level label="xix">
        <text>Outpatient services;</text>
      </level>
      <level label="xx">
        <text>Pharmaceutical services;</text>
      </level>
      <level label="xxi">
        <text>Physical therapy care and services;</text>
      </level>
      <level label="xxii">
        <text>Podiatric care and services;</text>
      </level>
      <level label="xxiii">
        <text>Preventive medical services;</text>
      </level>
      <level label="xxiv">
        <text>Psychological care and services;</text>
      </level>
      <level label="xxv">
        <text>Rehabilitative services;</text>
      </level>
      <level label="xxvi">
        <text>Surgical care and services;</text>
      </level>
      <level label="xxvii">
        <text>Treatment for alcoholism or drug abuse; and</text>
      </level>
      <level label="xxviii">
        <text>Any other care, service, or treatment of disease or injury, the correction of defects, or the maintenance of the physical and mental well–being of human beings.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>“Health maintenance organization” means any person, including a profit or nonprofit corporation organized under the laws of any state or country, that:</text>
    <level label="1">
      <text>Operates or proposes to operate in this State;</text>
    </level>
    <level label="2">
      <text>Except as provided in § 19–703(b) and (e) of this subtitle, provides or otherwise makes available to its members health care services that include at least physician, hospitalization, laboratory, X–ray, emergency, and preventive services, out–of–area coverage, and any other health care services that the Commissioner determines to be available generally on an insured or prepaid basis in the area serviced by the health maintenance organization, and, at the option of the health maintenance organization, may provide additional coverage;</text>
    </level>
    <level label="3">
      <text>Except for any copayment or deductible arrangement, is compensated only on a predetermined periodic rate basis for providing to members the minimum services that are specified in item (2) of this subsection;</text>
    </level>
    <level label="4">
      <text>Assures its subscribers and members, the Commissioner, and the Department that one clearly specified legal and administrative focal point or element of the health maintenance organization has the responsibility of providing the availability, accessibility, quality, and effective use of comprehensive health care services; and</text>
    </level>
    <level label="5">
      <text>Primarily provides services of physicians:</text>
      <level label="i">
        <text>Directly through physicians who are either employees or partners of the health maintenance organization; or</text>
      </level>
      <level label="ii">
        <text>Under arrangements with one or more groups of physicians, who are organized on a group practice or individual practice basis, under which each group:</text>
        <level label="1">
          <text>Is compensated for its services primarily on the basis of an aggregate fixed sum or on a per capita basis; and</text>
        </level>
        <level label="2">
          <text>Is provided with an effective incentive to avoid unnecessary inpatient use, whether the individual physician members of the group are paid on a fee–for–service or other basis.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="h">
    <text>“Member” means a person who makes a contract or on whose behalf a contract is made with a health maintenance organization for health care services.</text>
  </level>
  <level label="i">
    <text>“Provider” means any person, including a physician or hospital, who is licensed or otherwise authorized in this State to provide health care services.</text>
  </level>
  <level label="j">
    <text>“Subscriber” means a person who makes a contract with a health maintenance organization, either directly or through an insurer or marketing organization, under which the person or other designated persons are entitled to the health care services.</text>
  </level>
</section>
