Plain Text Law

Chapter 04. Freestanding Ambulatory Surgical Facilities Survey

Regulation .01 Definitions.Copy Citation

A.
“Freestanding ambulatory surgical facilities” means facilities or offices which operate primarily for the purpose of providing surgical services to patients not requiring overnight hospitalization, and which are required to obtain a license under Health-General Article, §19-3B-02(a), Annotated Code of Maryland, including:
(1)
A center, service, office, facility, or office of one or more health care practitioners or a group practice, as defined in Health Occupations Article, §1-301, Annotated Code of Maryland, that provides ambulatory surgical services in two or more operating rooms, or in one operating room where the providers receive a technical or facility fee;
(2)
An existing ambulatory surgical facility or office of one or more health care practitioners that has received a Certificate of Need or a determination of exemption from Certificate of Need coverage from the Maryland Health Resources Planning Commission;
(3)
Medicare-certified ambulatory surgical facilities;
(4)
Hospital-affiliated ambulatory surgical facilities that are not subject to the Health Services Cost Review Commission's ambulatory surgery survey set forth in COMAR 10.37.07; and
(5)
Ambulatory surgical facilities owned by or affiliated with health maintenance organizations.
B.
“Freestanding ambulatory surgical facilities survey” means any written request for data from the Maryland Health Resources Planning Commission to freestanding ambulatory surgical facilities. This data may include:
(1)
The name and address of the entity providing ambulatory surgical services, and the location where these services will be provided;
(2)
The number of operating rooms at the location;
(3)
The names of persons or organizations which have an ownership interest in the entity, and their officers, directors, partners, and owners;
(4)
The names of any other ambulatory surgical facilities in which individuals listed in response to §B(3) of this regulation have an interest or other economic relationship, as an officer, director, partner, member, or owner;
(5)
A listing of any other ambulatory surgical facilities at the same address;
(6)
Contractual relationships to provide ambulatory surgical services between the entity and other health care facilities or health care providers who are not employees of the entity, or exercise only medical practice privileges at the location;
(7)
The names and specialties of the health care practitioners who provide surgical services at the location and the types of procedures performed there;
(8)
Cost, charge, and reimbursement data, including the amount of care reimbursed by Medicaid, Medicare, and other third-party payors, and the amount of uncompensated care provided by the entity;
(9)
Utilization data, including types of procedures;
(10)
Operating policies, including hours of operation;
(11)
Patient-specific or patient aggregate data, including demographic data, data on reimbursement source and levels, on types of procedures, and on patient disposition; and
(12)
Staffing requirements and patterns.

Regulation .02 Collection and Submission of Data.Copy Citation

A.
All freestanding ambulatory surgical facilities shall submit accurate, timely, and complete data required by the Commission for the development of methodologies and planning on a periodic basis as requested.
B.
If patient-specific data is requested, providers shall assign to each patient an identification number in a format specified by the Commission. Providers shall retain a listing of all patient identifier codes for 5 years to permit the Commission to follow up on unclear responses.
C.
All freestanding ambulatory surgical facilities shall prepare and submit to the Commission within the time frames specified in the survey instrument, and in a machine-readable format specified by the Commission, data responses to the freestanding ambulatory surgical facilities survey. Failure to submit these responses in a timely fashion may subject the facility to penalties as described in COMAR 10.25.12. If the respondent cannot provide the data within the specified time frames, a written request for extension shall be submitted to the Commission.
D.
The data requested from freestanding ambulatory surgical facilities in a survey required under this regulation shall be coordinated with the reporting requirements of the Health Care Access and Cost Commission to ensure that the survey is compatible with and does not duplicate information collected by the Health Care Access and Cost Commission. A survey required under this regulation does not replace any existing data requirements of the Maryland Department of Health or any agencies or commissions of the State.
Chapter annotations
Authority: Health-General Article, §§19-109(a)(1) and 19-116(b)(1) and (2), Annotated Code of Maryland
History: Effective date: November 14, 1980 (7:23 Md. R. 2167)
History: Regulations .01 and .02, Statewide Hospital Data Survey for 1980, repealed effective April 6, 1987 (14:7 Md. R. 831)
History: Regulations .01 and .02, Freestanding Ambulatory Surgical Facilities Survey, adopted effective April 6, 1987 (14:7 Md. R. 831)
History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 25)
History: Regulation .02 amended effective January 15, 1996 (23:1 Md. R. 25)
History: Regulation .02C amended effective December 23, 2002 (29:25 Md. R. 1982)