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<regulation prefix="Regulation" num=".02" citation="COMAR 31.10.29.02" title_num="31" subtitle_num="10" chapter_num="29" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meaning indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Appeal” means a protest filed by a member, a member’s representative, or a health care provider with a carrier under its internal appeal process regarding a coverage decision concerning a member.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Appeal decision” means a final determination by a carrier that arises from an appeal filed with the carrier under its appeal process regarding a coverage decision concerning a member.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Carrier” means a person that offers a health benefit plan and is:</text>
      <paragraph num="(a)">
        <text>An authorized insurer that provides health insurance in the State;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A nonprofit health service plan;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A health maintenance organization;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A dental plan organization; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Except for a managed care organization, as defined in Health-General Article, Title 15, Subtitle 1, Annotated Code of Maryland, any other person that offers a health benefit plan subject to regulation by the State.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>“Complaint” means a protest filed with the Commissioner involving a coverage decision other than that which is covered by Insurance Article, Title 15, Subtitle 10A, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Coverage decision” has the meaning stated in Insurance Article, §15-10D-01, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Health Benefit Plan.</text>
      <paragraph num="(a)">
        <text>“Health benefit plan” means:</text>
        <paragraph num="(i)">
          <text>A hospital or medical policy or contract, including a policy or contract issued under a multiple employer trust or association;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A hospital or medical policy or contract issued by a nonprofit health service plan;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A health maintenance organization contract; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A dental plan organization contract.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Health benefit plan” does not include one or more, or any combination, of the following:</text>
        <paragraph num="(i)">
          <text>Long-term care insurance;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Disability insurance;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Accidental travel and accident death and dismemberment insurance;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Credit health insurance;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>A health benefit plan issued by a managed care organization, as defined in Health-General Article, Title 15, Subtitle 1, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Disease-specific insurance; or</text>
        </paragraph>
        <paragraph num="(vii)">
          <text>Fixed indemnity insurance.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Health care provider” means:</text>
      <paragraph num="(a)">
        <text>An individual who is licensed under the Health Occupations Article, Annotated Code of Maryland, to provide health care services in the ordinary course of business or practice of a profession and is a treating provider of the member; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A hospital, as defined in Health-General Article, §19-301, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Health care service” means a health or medical care procedure or service rendered by a health care provider that:</text>
      <paragraph num="(a)">
        <text>Provides testing, diagnosis, or treatment of a human disease or dysfunction; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Dispenses drugs, medical devices, medical appliances, or medical goods for the treatment of a human disease or dysfunction.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“Internal appeal process” means the appeal process required by Insurance Article, Title 15, Subtitle 10D, Annotated Code of Maryland, to be adopted by the carrier for use by its members and health care providers to dispute coverage decisions made by the carrier or a representative of the carrier.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Member.</text>
      <paragraph num="(a)">
        <text>“Member” means a person entitled to health care services under a policy, plan, or contract issued or delivered in the State by a carrier.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Member” includes:</text>
        <paragraph num="(i)">
          <text>A subscriber; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Unless preempted by federal law, a Medicare recipient.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>“Member” does not include a Medicaid recipient.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>“Member’s representative” has the meaning stated in Insurance Article, §15-10D-01, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Urgent medical condition” means a condition that satisfies either of the following:</text>
      <paragraph num="(a)">
        <text>A medical condition, including a physical condition, a mental condition, or a dental condition, where the absence of medical attention within 72 hours could reasonably be expected by an individual, acting on behalf of a carrier, applying the judgment of a prudent layperson who possesses an average knowledge of health and medicine, to result in:</text>
        <paragraph num="(i)">
          <text>Placing the member's life or health in serious jeopardy;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The inability of the member to regain maximum function;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Serious impairment to bodily function;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Serious dysfunction of any bodily organ or part; or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The member remaining seriously mentally ill with symptoms that cause the member to be a danger to self or others; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A medical condition, including a physical condition, a mental health condition, or a dental condition, where the absence of medical attention within 72 hours in the opinion of a health care provider with knowledge of the member's medical condition, would subject the member to severe pain that cannot be adequately managed without the care or treatment that is the subject of the coverage decision.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>“Retrospective denial” means a coverage decision which is made by the carrier after the health care service has been rendered to the member.</text>
    </paragraph>
  </paragraph>
</regulation>