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<chapter num="04" heading="Freestanding Ambulatory Surgical Facilities Survey" title_num="10" subtitle_num="24">
  <regulation prefix="Regulation" num=".01" heading="Definitions.">
    <paragraph num="A.">
      <text>“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:</text>
      <paragraph num="(1)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Medicare-certified ambulatory surgical facilities;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>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</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Ambulatory surgical facilities owned by or affiliated with health maintenance organizations.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>“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:</text>
      <paragraph num="(1)">
        <text>The name and address of the entity providing ambulatory surgical services, and the location where these services will be provided;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>The number of operating rooms at the location;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>The names of persons or organizations which have an ownership interest in the entity, and their officers, directors, partners, and owners;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>A listing of any other ambulatory surgical facilities at the same address;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(7)">
        <text>The names and specialties of the health care practitioners who provide surgical services at the location and the types of procedures performed there;</text>
      </paragraph>
      <paragraph num="(8)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(9)">
        <text>Utilization data, including types of procedures;</text>
      </paragraph>
      <paragraph num="(10)">
        <text>Operating policies, including hours of operation;</text>
      </paragraph>
      <paragraph num="(11)">
        <text>Patient-specific or patient aggregate data, including demographic data, data on reimbursement source and levels, on types of procedures, and on patient disposition; and</text>
      </paragraph>
      <paragraph num="(12)">
        <text>Staffing requirements and patterns.</text>
      </paragraph>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Collection and Submission of Data.">
    <paragraph num="A.">
      <text>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.</text>
    </paragraph>
    <paragraph num="B.">
      <text>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.</text>
    </paragraph>
    <paragraph num="C.">
      <text>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.</text>
    </paragraph>
    <paragraph num="D.">
      <text>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.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Health-General Article, §§19-109(a)(1) and 19-116(b)(1) and (2), Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date: November 14, 1980 (7:23 Md. R. 2167)</annotation>
    <annotation type="History" subtype="Administrative History">Regulations .01 and .02, Statewide Hospital Data Survey for 1980, repealed effective April 6, 1987 (14:7 Md. R. 831)</annotation>
    <annotation type="History" subtype="Administrative History">Regulations .01 and .02, Freestanding Ambulatory Surgical Facilities Survey, adopted effective April 6, 1987 (14:7 Md. R. 831)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 25)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02 amended effective January 15, 1996 (23:1 Md. R. 25)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .02C amended effective December 23, 2002 (29:25 Md. R. 1982)</annotation>
  </annotations>
</chapter>