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<regulation prefix="Regulation" num=".01" citation="COMAR 10.37.13.01" title_num="10" subtitle_num="37" chapter_num="13" 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>“Credit and collection policy” means a hospital’s policy on the collection of medical debt.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Debt Collector.</text>
      <paragraph num="(a)">
        <text>“Debt collector” means a person who engages directly or indirectly in the business of:</text>
        <paragraph num="(i)">
          <text>Collecting for, or soliciting from another, medical debt;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Giving, selling, attempting to give or sell to another, or using, for collection of medical debt, a series or system of forms or letters that indicates directly or indirectly that a person other than the hospital is asserting the medical debt; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Employing the services of an individual or business to solicit or sell a collection system to be used for collection of medical debt.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Debt collector” includes a “collection agency” as defined in Business Regulation Article, §7-101, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>“Financial hardship” means medical debt, incurred by a family over a 12-month period, that exceeds 25 percent of family income.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Hospital” has the meaning stated in Health-General Article, §19- 301(f), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Hospital Services.</text>
      <paragraph num="(a)">
        <text>“Hospital services” means:</text>
        <paragraph num="(i)">
          <text>Inpatient hospital services as enumerated in 42 C.F.R. §409.10, as amended;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Emergency services, including services provided at a freestanding medical facility licensed under Health Occupations Article, Title 19, Subtitle 3A, Annotated Code of Maryland</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Outpatient services provided at a hospital as defined in COMAR 10.37.10.07-2;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Outpatient services, as specified by the Commission in COMAR 10.37.10.07-2, provided at a freestanding medical facility licensed under Health-General Article, Title 19, Subtitle 3A, Health-General Article, Annotated Code of Maryland that has received a certificate of need under Health-General Article, §19–120(o)(1), Annotated Code of Maryland, or an exemption from obtaining a certificate of need under Health-General Article, §19–120(o)(3), Annotated Code of Maryland; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Identified physician services for which a facility has Commission–approved rates on June 30, 1985.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Hospital services” includes a hospital outpatient service:</text>
        <paragraph num="(i)">
          <text>Of a hospital that, on or before June 1, 2015, is under a merged asset hospital system;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>That is designated as a part of another hospital under the same merged asset hospital system to make it possible for the hospital outpatient service to participate in the 340B Program under the federal Public Health Service Act; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>That complies with all federal requirements for the 340B Program and applicable provisions of 42 C.F.R. §413.65.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>“Hospital services” does not include:</text>
        <paragraph num="(i)">
          <text>Outpatient renal dialysis services;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Outpatient services provided at a limited service hospital as defined in Health-General Article, §19–301, Annotated Code of Maryland except for emergency services; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Physician services that are billed separately.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Household.</text>
      <paragraph num="(a)">
        <text>“Household” means, at a minimum, for an adult patient, the patient and the following individuals that live in the same dwelling:</text>
        <paragraph num="(i)">
          <text>A spouse, regardless of whether the patient and spouse expect to file a joint federal or State tax return;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Biological children, adopted children, or stepchildren; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>All individuals on the same federal or State tax return, including anyone for whom the patient claims a personal exemption in a federal or State tax return.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Household” means, at a minimum, for a patient who is a child, the patient and the following individuals that live in the same dwelling:</text>
        <paragraph num="(i)">
          <text>Biological parents, adoptive parents, stepparents, or guardians;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Biological siblings, adopted siblings, or step siblings; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>All individuals on the same federal or State tax return, including anyone for whom the patient’s parents or guardians claim a personal exemption in a federal or State tax return.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>The terms "household” and “family” are synonymous for the purposes of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Income.</text>
      <paragraph num="(a)">
        <text>“Income” means total taxable income, before taxes.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Income” includes:</text>
        <paragraph num="(i)">
          <text>If a hospital uses state or federal tax returns to verify income, the adjustments listed on Schedule 1 of Form 1040; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>If a hospital utilizes an asset test, the value of household monetary assets, consistent with Regulation 06J of this chapter.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Initial bill” means the first billing statement provided to an individual by a hospital after the care, whether inpatient or outpatient, is provided and the individual has left the hospital.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Medical debt” means out-of-pocket expenses, including co-payments, coinsurance, and deductibles, for hospital services that are regulated by the Commission that are billed to a patient or a co-signer for the patient, excluding amounts contractually paid by another payer such as insurers, including Medicare, Medicaid, or CHIP.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Medically necessary care” including care provided in accordance with the Emergency Medical Treatment and Labor Act of 1986), means care that is:</text>
      <paragraph num="(a)">
        <text>Directly related to diagnostic, preventative, curative, palliative, rehabilitative, or ameliorative treatment of an illness, injury, disability or health condition;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Consistent with current accepted standards of good medical practice; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Not primarily for the convenience of the patient, the patient’s family, or the provider.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>Monetary Assets.</text>
      <paragraph num="(a)">
        <text>“Monetary assets” means assets in excess of $100,000 that can readily be converted into a fixed or precisely determinable amount of money, including cash and cash equivalents.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Monetary assets” include cash on hand, bank deposits, investment accounts, accounts receivable, and notes receivable.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Monetary assets” do not include retirement assets to which the Internal Revenue Service has granted preferential tax treatment, including deferred–compensation plans qualified under the Internal Revenue Code or nonqualified deferred–compensation plans.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>Payment Plan.</text>
      <paragraph num="(a)">
        <text>“Payment plan” means an agreement between a patient, or a guarantor, to pay for a hospital service over a period of time.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Payment plan” includes:</text>
        <paragraph num="(i)">
          <text>An “income-based payment plan” set forth in Regulation .05 of this chapter; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A “non-income-based payment plan” set forth in Regulation .05W of this chapter.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>“Qualified Maryland resident” means someone who lives in Maryland for more than 6 months of the year or whose primary residence is in Maryland, including those in Maryland for school or work.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>Written.</text>
      <paragraph num="(a)">
        <text>“Written” means communications in paper form and communications delivered electronically, including through electronic mail, a secure web, or mobile based application such as a patient portal.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Written” does not include oral communications, including communications delivered by phone.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>