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<regulation prefix="Regulation" num=".02" citation="COMAR 31.10.44.02" title_num="31" subtitle_num="10" chapter_num="44" 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>“Access plan” means the materials that each carrier is required to file annually with the Commissioner to demonstrate that each of the carrier’s provider panels is adequate to meet the needs of its enrollees.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Ambulatory infusion therapy center” means any location authorized to administer chemotherapy or infusion services on an outpatient basis.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Behavioral health care” means care for mental health or a substance use disorder.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Carrier” means:</text>
      <paragraph num="(a)">
        <text>An insurer authorized to sell health insurance;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A nonprofit health service plan; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A health maintenance organization.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Certified registered nurse practitioner” means an individual who is licensed as a certified nurse practitioner under Health Occupations Article, Title 8, Subtitle 3, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Continuing care patient” means an individual who, with respect to a provider or facility:</text>
      <paragraph num="(a)">
        <text>Is undergoing a course of treatment for a serious and complex condition from the provider or facility;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is undergoing a course of institutional or inpatient care from the provider or facility;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is scheduled to undergo nonelective surgery from the provider or facility, including receipt of postoperative care from such provider or facility with respect to such a surgery;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is pregnant and undergoing a course of treatment for the pregnancy from the provider or facility; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Is or was determined to be terminally ill, as determined under Section 1861(dd)(3)(A) of the Social Security Act, and is receiving treatment for such illness from such provider or facility</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Enrollee” means a person entitled to health care benefits from a carrier under a policy or contract subject to Maryland law.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Essential community provider” means a provider that serves predominantly low-income or medically underserved individuals. “Essential community provider” includes:</text>
      <paragraph num="(a)">
        <text>Local health departments;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Outpatient mental health and community based substance use disorder programs;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any entity listed in 45 CFR §156.235(c);and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>School-based health centers.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“Group model HMO” means a type of health maintenance organization that:</text>
      <paragraph num="(a)">
        <text>Contracts with one multispecialty group of physicians who are employed by and shareholders of the multispecialty group; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provides or arranges for the provision of physician and other health care services to patients at medical facilities operated by the HMO or employs its own physicians and other providers on a salaried basis in health maintenance organization buildings to provide care to enrollees of the health maintenance organization.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Health benefit plan” has the meaning stated in Insurance Article, §15-112, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Health care facility” has the meaning stated in Insurance Article, §15-112, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Health professional shortage area” means those geographic areas in Maryland which have been designated by the Health Resources and Services Administration as such, as a result of having a shortage of primary medical care or behavioral health providers.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“HEDIS” means the Healthcare Effectiveness Data and Information Set of standardized performance measures, developed and used by the National Committee for Quality Assurance, to evaluate managed care health plan performance for care and services provided.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Hospital” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Hospital-based physician” has the meaning stated in Insurance Article, §14-201, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Material change to an access plan” means a change to an access plan that affects a carrier’s ability to comply with the requirements of this chapter.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Network” means:</text>
      <paragraph num="(a)">
        <text>A carrier’s participating providers and the health care facilities with which a carrier contracts to provide health care services to the carrier’s enrollees under the carrier’s health benefit plan.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If a carrier uses a provider panel developed by a subcontracting entity, “network” includes providers and health care facilities that contract with the subcontracting entity to provide health care services to the carrier’s enrollees under the carrier’s health benefit plan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>“Network adequacy waiver” means the Commissioner’s decision to relieve a carrier of the obligation to comply with certain network adequacy standards in this chapter for 1 year.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“On-call physician” has the meaning stated in Insurance Article, §14-201, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Opioid treatment services provider” means a program with a valid and current accreditation-based license under COMAR 10.63 to provide community-based behavioral health services, and authorized to provide opioid treatment services.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Participating provider” means a provider on a carrier’s provider panel.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Preventive care” means health care provided for the prevention and early detection of disease, illness, injury or other health condition, and includes all of the services required by 42 U.S.C. §300gg-13.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Primary care provider” means:</text>
      <paragraph num="(a)">
        <text>A provider who is responsible for:</text>
        <paragraph num="(i)">
          <text>Providing initial and primary care to patients;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Maintaining the continuity of patient care; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Initiating referrals for specialist care.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Primary care provider” includes:</text>
        <paragraph num="(i)">
          <text>A physician whose practice of medicine is limited to general practice; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>A board-certified or board-eligible internist, pediatrician, obstetrician-gynecologist or family practitioner.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(24)">
      <text>“Provider” means a person or group of persons licensed, certified, or otherwise authorized by law to provide health care services.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Provider panel” means the providers that contract either directly or through a subcontracting entity with a carrier to provide health care services to the carrier’s enrollees under the carrier’s health benefit plan. “Provider panel” does not include an arrangement in which any provider may participate solely by contracting with the carrier to provide health care services at a discounted fee-for-service rate.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Residential crisis services” has the meaning stated in Insurance Article, §15-840, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“Road travel distance” means:</text>
      <paragraph num="(a)">
        <text>Actual driving distance measured between two geographic locations based on turn-by-turn directions along public roads; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Subject to approval by the Commissioner, driving distance between two geographic locations estimated using a methodology that, in the discretion of the Commissioner, sufficiently accounts for significant geographic barriers that are impassable by automobile, such as the Chesapeake Bay.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(28)">
      <text>“Rural area” means a zip code that, according to the Maryland Department of Planning, has a human population of less than 1,000 per square mile.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“School-based health center” means a community health resource described in Health-General Article, §19-2101, Annotated Code of Maryland that is located within an elementary, middle, or high school and approved by the Maryland Department of Health.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Specialty provider” means a provider who:</text>
      <paragraph num="(a)">
        <text>Focuses on a specific area of physical care or behavioral health care for a group of patients;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has successfully completed required professional training; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>For a physician, has obtained Board certification or is Board eligible through the American Board of Medical Specialties.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(31)">
      <text>“Suburban area” means a zip code that, according to the Maryland Department of Planning, has a human population equal to or more than 1,000 per square mile, but less than 3,000 per square mile.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“Telehealth” has the meaning stated in Insurance Article, §15-139, Annotated Code of Maryland.,</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“Urban area” means a zip code that, according to the Maryland Department of Planning, has a human population equal to or greater than 3,000 per square mile.</text>
    </paragraph>
    <paragraph num="(34)">
      <text>“Urgent care” means the treatment for a condition of an enrollee that satisfies either of the following:</text>
      <paragraph num="(a)">
        <text>A medical condition, including a physical condition or a behavioral health condition, that, in the absence of medical care or treatment within 72 hours, could reasonably be expected by an individual, acting on behalf of a carrier and applying the judgment of a prudent layperson who possesses an average knowledge of health and medicine, would result in:</text>
        <paragraph num="(i)">
          <text>Placing the enrollee’s life or health in serious jeopardy;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The inability of the enrollee to regain maximum function;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Serious impairment to the enrollee’s bodily function;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Serious dysfunction of any bodily organ or part of the enrollee; or</text>
        </paragraph>
        <paragraph num="(v)">
          <text>The enrollee remaining seriously ill with behavioral health symptoms that cause the enrollee to be a danger to self or others; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>A medical condition of an enrollee, including a physical condition or a behavioral health condition, that, in the absence of medical care or treatment within 72 hours, would, in the opinion of a provider with knowledge of the enrollee’s medical condition, subject the enrollee to severe pain that cannot be adequately managed without the care or treatment.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(35)">
      <text>“Waiting time” means the time from the initial request for health care services by an enrollee or by the enrollee’s treating provider to the earliest date offered for the appointment for services with a provider possessing the appropriate skill and expertise to treat the condition.</text>
    </paragraph>
  </paragraph>
</regulation>