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<regulation prefix="Regulation" num=".01" citation="COMAR 10.09.05.01" title_num="10" subtitle_num="09" chapter_num="05" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Adverse action” means any action taken by the DASO to deny, reduce, terminate, delay, or suspend a covered service.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Aftercare” means the period of follow-up care after initial services are rendered, during which any additional related services rendered by the same provider are included in the payment for the original services.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Ambulatory surgical center (ASC)” means any Medicare-certified entity that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Appeal” means the process:</text>
      <paragraph num="(a)">
        <text>To resolve a participant's dispute with any adverse action taken by the DASO to deny, reduce, terminate, delay, or suspend a covered service; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Governed by:</text>
        <paragraph num="(i)">
          <text>COMAR 10.01.04; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Any and all applicable court orders.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Benefits” means a schedule of dental services to be administered by the DBA to Medical Assistance participants pursuant to this chapter.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Brick and mortar dental office” means the fixed and permanent location where the mobile dental unit:</text>
      <paragraph num="(a)">
        <text>Is linked through either ownership or a legally binding contract; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Transmits participant records.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Claim” means an itemized statement requesting payment for services rendered by health care providers, such as dentists, billed:</text>
      <paragraph num="(a)">
        <text>Electronically;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Through a web-based portal; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Manually on the American Dental Association (ADA) claim form.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Consultation” means written opinion or advice rendered by a dentist, upon request by the patient's attending physician or dentist, for the further evaluation or management of the patient by the attending physician or dentist. If the consultant dentist assumes responsibility for the continuing care of the patient, a subsequent service rendered by the consultant is not a consultation.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Dental Administrative Services Organization (DASO)” means an entity with which the Department contracts to administer dental benefits by performing some or all of the following functions:</text>
      <paragraph num="(a)">
        <text>General administration;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Regulatory compliance;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Network administration;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Member services;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Claims administration;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Data reporting and analysis;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Medical management; or</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Quality monitoring.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Dental services” means emergency, preventive, or therapeutic services for oral diseases which are administered by or under the general supervision of a dentist in the practice of the profession.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Department” means the Maryland Department of Health, the single State agency designated to administer the Maryland Medical Assistance Program under Title XIX of the Social Security Act, 42 U.S.C. §§1396 et seq., or the Department's designee.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Early and Periodic Screening, Diagnosis, and Treatment (EPSDT)” means comprehensive and preventive health care pursuant to 42 U.S.C. §1396d(e) as amended by OBRA 1989.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Emergency services” means services necessary for the treatment of any condition requiring immediate attention for the relief of pain, hemorrhage, acute infection, or traumatic injury to the teeth, supporting structures (that is, periodontal membranes, gums, and alveolar bone), the jaws, and tissues of the oral cavity.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“EPSDT certified provider” means a physician, physician assistant, or nurse practitioner certified by the Department to provide EPSDT services.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Free-standing clinic” means a health care facility approved for participation in the Maryland Medical Assistance Program that is not licensed as a hospital or as part of a hospital or nursing home and that is not administratively part of a health maintenance organization or physician's, dentist's, or osteopath's office, but which has a separate staff functioning under the direction of the clinic administrator (as defined in 42 CFR §405.1801) or a health officer and which is organized and operated to provide clinic services.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“General supervision” has the meaning stated in COMAR 10.44.21 and 10.44.27.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Hospital” has the meaning stated in Health-General Article, Title 19, Subtitle 3, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Maryland Healthy Smiles Dental Program” means the Maryland Medicaid dental program.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Medical Assistance Program” means the program of comprehensive medical and other health-related care for indigent and medically indigent persons.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Medically necessary” means that a service or benefit is:</text>
      <paragraph num="(a)">
        <text>Directly related to diagnostic, preventive, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability, or health condition;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Consistent with currently accepted standards of good medical practice, dental practice, or both;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The most cost effective service that can be provided without sacrificing effectiveness or access to care; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Not primarily for the convenience of the consumer, family, or provider.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(21)">
      <text>“Medicare” means the insurance program administered by the Federal government under Title XVIII of the Social Security Act, 42 U.S.C. §§1395 et seq.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Mobile dental unit” means any self-contained facility in which dentistry will be provided and which may be moved, towed, or transported from one location to another to provide clinically necessary and appropriate dental care in the unit.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Mobile dental practice” means any practice which provides the necessary and clinically appropriate dental equipment to be delivered to a community based location where dental services will be provided on site.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Network provider” means a health care entity or health care professional that has executed a provider agreement with Maryland Medicaid.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Participant” means an individual who is certified as eligible for, and is receiving, Medical Assistance benefits.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Preauthorization” means an approval required from the Department or its designee before the provision of dental or oral health care services.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“Primary dental office” means the fixed and permanent location where the mobile dental unit:</text>
      <paragraph num="(a)">
        <text>Is linked through either ownership or a legally binding contract; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Transmits participant records.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(28)">
      <text>“Program” means the Maryland Medical Assistance Program.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Provider” means:</text>
      <paragraph num="(a)">
        <text>An individual dentist, duly licensed to provide services for participants, or an association, partnership, or an incorporated or unincorporated group of dentists so licensed, that, through appropriate agreement with the Department, has been identified as a Program provider by the issuance of an individual account number; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An approved dental school whose students are permitted under Health Occupations Article, §4-301(b)(1), Annotated Code of Maryland, to treat dental patients and which, through appropriate agreement with the Department, has been identified as a Program provider by issuance of an individual account number.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(30)">
      <text>“Referral” means a transfer of the patient from a physician or dentist to a dentist for diagnosis and treatment of the condition for which the referral was made. The dentist to whom the referral is made will no longer be considered the consultant.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“REM” means the fee-for-service managed care program for individuals who have certain rare and expensive health care conditions set forth in COMAR 10.09.69.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“Self-ligating braces” means braces which utilize a permanently installed, moveable component to secure the archwire without the use of ligatures.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“Traditional comprehensive orthodontic treatment” means a coordinated diagnosis and treatment to improve craniofacial dysfunction or dentofacial deformity which may utilize fixed and removable orthodontic appliances and focus on specific objectives at various stages of dentofacial development.</text>
    </paragraph>
  </paragraph>
</regulation>