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<regulation prefix="Regulation" num=".02" citation="COMAR 10.25.06.02" title_num="10" subtitle_num="25" chapter_num="06" 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>“Adjudicated” means paid, resolved, or settled.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Behavioral health care services” means procedures or services rendered by a health care practitioner for the treatment of mental health or substance use disorders.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Capitated encounter” means a health care visit in which a health care practitioner or office facility provides a service pursuant to an agreement with a reporting entity for reimbursement on an aggregate fixed sum or per capita basis.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Commission” means the Maryland Health Care Commission.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Crosswalk” means a list of all codes and their definitions in a separate file that maps to a specific data field.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Executive Director” means the Executive Director of the Maryland Health Care Commission.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Fee-for-service encounter” means a health care visit in which a health care practitioner or office facility provided a health care service for which a claim was submitted to a reporting entity for payment, and payment was made on a per service basis.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“General health benefit plan” means:</text>
      <paragraph num="(a)">
        <text>A hospital or health care policy, contract, or certificate issued by a payor as defined in this section;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A behavioral health services plan;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A pharmacy benefit management services plan;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A vision plan certified by the Maryland Health Benefit Exchange; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A dental plan certified by the Maryland Health Benefit Exchange.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“Health Benefit Exchange” or “Exchange” means the Maryland Health Benefit Exchange established as a public corporation under Insurance Article, §31-102, Annotated Code of Maryland, and includes the Individual Exchange and the Small Business Health Operations Program (SHOP) Exchange.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Health care service” means a health or medical care procedure or service rendered by a health care practitioner that:</text>
      <paragraph num="(a)">
        <text>Provides testing, diagnosis, or treatment of human disease or dysfunction; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Dispenses drugs, medical devices, medical appliances, or medical goods for the treatment of human disease or dysfunction.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>“Health information exchange” or “HIE” means an entity that creates or maintains an infrastructure that provides organizational and technical capabilities in an interoperable system for the electronic exchange of protected health information among participating organizations not under common ownership, in a manner that ensures the secure exchange of protected health information to provide care to patients. An HIE does not include an entity that is acting solely as a health care clearinghouse, as defined in 45 CFR §160.103. A payor may act as, operate, or own an HIE subject to these regulations.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“HIPAA” means the U.S. Health Insurance Portability and Accountability Act of 1996, P.L.104-191, as implemented and amended in federal regulations, including the HIPAA Privacy and Security rules, 45 CFR §§160 and 164, as may be amended, modified, or renumbered and including as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Managed behavioral health care organization” means a company, organization, private review agent, or subsidiary that:</text>
      <paragraph num="(a)">
        <text>Contracts with a payor as defined in this section to provide, undertake to arrange, or administer behavioral health care services to members; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Otherwise makes behavioral health care services available to members through contracts with health care providers.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>“Managed care organization” or “MCO” means:</text>
      <paragraph num="(a)">
        <text>A certified health maintenance organization that is authorized to receive medical assistance prepaid capitation payments; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A corporation that:</text>
        <paragraph num="(i)">
          <text>Is a managed care system that is authorized to receive medical assistance prepaid capitation payments;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Enrolls only program recipients or individuals or families served under the Maryland Children's Health Program; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Is subject to the requirements of Health-General Article, §15-102.4, Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(15)">
      <text>“Master Patient Index” means a database that maintains a unique index identifier for each patient whose protected health information may be accessible through the HIE and is used to cross reference patient identifiers across multiple participating organizations to allow for patient search, patient matching, and consolidation of duplicate records.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Medical Care Data Base” or “MCDB” means the data base established and maintained by the Commission pursuant to Health-General Article, §19-133, Annotated Code of Maryland, that collects eligibility data, professional services claims, institutional services claims, pharmacy claims, and provider data for Maryland residents enrolled in private insurance, Medicaid, or Medicare. The MCDB is Maryland’s All Payer Claims Data Base.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“MCDB Submission Manual” or “Manual” means the composition of data reporting requirements with guidelines of technical specifications, layouts, and definitions necessary for filing the reports required by this chapter.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Non-Fee-for-Service Expenses Report” means a report with information on lump sum payments made by a reporting entity to providers as part of the reporting entity’s compensation to the providers for non-claims-based services.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Office facility” means a freestanding facility providing:</text>
      <paragraph num="(a)">
        <text>Ambulatory surgery;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Radiologic or diagnostic imagery; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Laboratory services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>“Payor” means:</text>
      <paragraph num="(a)">
        <text>An insurer or nonprofit health service plan that holds a certificate of authority and provides health insurance policies or contracts in Maryland;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A health maintenance organization (HMO) that holds a certificate of authority in Maryland; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>For Medical Care Data Base purposes:</text>
        <paragraph num="(i)">
          <text>A third-party administrator registered under Insurance Article, Title 8, Subtitle 3, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A managed behavioral health care organization as defined in this section; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A pharmacy benefit manager.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(21)">
      <text>“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Pharmacy benefit management services” means:</text>
      <paragraph num="(a)">
        <text>The procurement of prescription drugs at a negotiated rate for dispensation within the State to beneficiaries;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The administration or management of prescription drug coverage provided by a purchaser for beneficiaries; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any of the following services provided with regard to the administration of prescription drug coverage:</text>
        <paragraph num="(i)">
          <text>Mail service pharmacy;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to beneficiaries;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Clinical formulary development and management services;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Rebate contracting and administration;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Patient compliance, therapeutic intervention, and generic substitution programs; or</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Disease management programs.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>“Pharmacy benefit management services” does not include any service provided by a nonprofit health maintenance organization that operates as a group model, provided that the service is provided solely to a member of the nonprofit health maintenance organization and is furnished through the internal pharmacy operations of the nonprofit health maintenance organization.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(23)">
      <text>“Pharmacy benefit manager” means a person who performs pharmacy benefit management services and is registered as a pharmacy benefit manager under Insurance Article, Title 15, Subtitle 16, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Practitioner” means a person who is licensed, certified, or otherwise authorized under Health Occupations Article, Annotated Code of Maryland, to provide health care services in the ordinary course of business or practice of a profession or in an approved education or training program.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Practitioner federal tax ID number” means the federal tax identification number of the practitioner, practice, supplier or office facility receiving reimbursement for the service provided.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Practitioner/supplier ID number” means the unique identification number used by the reporting entity to identify the particular practitioner or supplier.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“Primary diagnosis” means the principal diagnosis for the health care service visit.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>"Provider” means:</text>
      <paragraph num="(a)">
        <text>A practitioner;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A facility where health care is provided to patients or recipients, including:</text>
        <paragraph num="(i)">
          <text>A facility, as defined in Health-General Article, §10-101(e), Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A hospital, as defined in Health-General Article, §19-301, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A related institution, as defined in Health-General Article, §19-301, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A health maintenance organization, as defined in Health-General Article, §19-701(g), Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>An outpatient clinic; and</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>A medical laboratory; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The agents and employees of a facility who are licensed or otherwise authorized to provide health care, the officers and directors of a facility, and the agents and employees of a health care provider who are licensed or otherwise authorized to provide health care.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(29)">
      <text>“Qualified dental plan” means a dental plan certified by the Maryland Health Benefit Exchange that provides limited scope dental benefits, as described in §1311(c) of the Affordable Care Act and Insurance Article, §31-115, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Qualified health plan” means a general health benefit plan that has been certified by the Maryland Health Benefit Exchange to meet the criteria for certification described in §1311(c) of the Affordable Care Act and Insurance Article, §31-115, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“Qualified vision plan” means a vision plan certified by the Maryland Health Benefit Exchange that provides limited scope vision benefits, as described in the Insurance Article, §31-108(b)(3), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“Reporting entity” means a payor, third-party administrator, managed behavioral health care organization, or pharmacy benefit manager that is designated by the Commission to provide reports consistent with this chapter to be collected and compiled into the Medical Care Data Base.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“State-designated health information exchange” or “State-designated HIE” means an HIE designated by the Maryland Health Care Commission and the Health Services Cost Review Commission pursuant to the statutory authority set forth in Health-General Article, §19-143, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(34)">
      <text>“Supplier” means a person or entity, including a health care practitioner, which supplies medical goods or services.</text>
    </paragraph>
    <paragraph num="(35)">
      <text>“Third-party administrator” means a person that is registered as an administrator under Insurance Article, Title 8, Subtitle 3, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>