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<regulation prefix="Regulation" num=".02" citation="COMAR 31.11.12.02" title_num="31" subtitle_num="11" chapter_num="12" 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>“Annual maximum” means the maximum amount the carrier is obligated to pay for all services of a covered person during the contract year.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Carrier” has the meaning stated in Insurance Article, §15-1201(c), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Case management” means a form of utilization review used with high cost cases to monitor and manage treatment and suggest appropriate medical services.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Chlamydia screening test” has the meaning stated in Insurance Article, §15-829, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Coinsurance percentage” or “coinsure” means the percentage of allowable charges allocated to the carrier and to the covered person.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Congenital or genetic birth defect” means a defect existing at or from birth, including a hereditary defect, which includes, but is not limited to, autism or an autism spectrum disorder and cerebral palsy.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Controlled clinical trial” means a treatment that is:</text>
      <paragraph num="(a)">
        <text>Approved by an institutional review board;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Conducted for the primary purpose of determining whether or not a particular treatment is safe and efficacious; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Approved by:</text>
        <paragraph num="(i)">
          <text>An institute or center of the National Institutes of Health;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The Food and Drug Administration;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>The Department of Veterans' Affairs; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>The Department of Defense.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Covered person” means an employee or a dependent of an employee covered by a carrier under the Limited Benefit Plan.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Copayment” means a specified charge that a covered person shall pay each time services of a particular type or in a designated setting are received.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Deductible” means the amount of allowable charges that must be incurred by an individual or a family per contract year before a carrier begins payment.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Delivery system” means the method that a carrier uses to provide the Limited Benefit Plan to covered persons.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Dependent” means a covered person's lawful spouse or dependent child.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>Dependent Child.</text>
      <paragraph num="(a)">
        <text>“Dependent child” means an individual who is younger than 19 years old, or a full-time student younger than 23 years old, and is a:</text>
        <paragraph num="(i)">
          <text>Biological child;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Stepchild;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Foster child;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Lawfully adopted child, or child in the process of being adopted from the date of placement;</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Child for whom the covered employee has been granted legal custody, including custody as a result of a guardianship, other than a temporary guardianship of less than 12 months duration, granted by a court or testamentary appointment; or</text>
        </paragraph>
        <paragraph num="(vi)">
          <text>Child for whom the covered employee has the legal obligation to provide coverage pursuant to court order, court-approved agreement, or testamentary appointment.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Notwithstanding the age limitation stated in §B(13)(a) of this regulation, “dependent child” includes an unmarried child who:</text>
        <paragraph num="(i)">
          <text>Is chiefly dependent for support upon the covered employee; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>At the time of reaching the age limitation set forth in §B(13)(a) of this regulation, is incapable of self-support because of mental or physical incapacity that began before the dependent child's attaining the limiting age.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>“Domiciliary care” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Durable medical equipment” means equipment furnished by a supplier or a home health agency that:</text>
      <paragraph num="(a)">
        <text>Can withstand repeated use;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is primarily and customarily used to serve a medical purpose;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Generally is not useful to an individual in the absence of a disability, illness, or injury; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is appropriate for use in the home.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(16)">
      <text>“Emergency services” has the meaning stated in Health-General Article, §19-701, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Eligible employee” has the meaning stated in Insurance Article, §15-1201(e), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>Experimental Services.</text>
      <paragraph num="(a)">
        <text>“Experimental services” means services that are not recognized as efficacious as that term is defined in the edition of the Institute of Medicine Report on Assessing Medical Technologies that is current when the care is rendered.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Experimental services” does not include controlled clinical trials as defined in §B(7) of this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(19)">
      <text>“Family” means:</text>
      <paragraph num="(a)">
        <text>An individual and spouse;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An individual and dependent minor or minors; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An individual, spouse, and dependent minor or minors.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>“Family planning services” means counseling, implanting or fitting birth control devices, and follow-up visits after a covered person selects a birth control method.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Federally qualified health maintenance organization” means a health maintenance organization which meets the requirements of Title XIII of the Public Health Service Act, 42 U.S.C. §3000e et seq.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Habilitative services” means services, including occupational therapy, physical therapy, and speech therapy, for the treatment of children with congenital and genetic birth defects to enhance the child's ability to function.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Health benefit plan” has the meaning stated in Insurance Article, §15-1201(f), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Health care facility” has the meaning stated in Health-General Article, §19-114, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Health care practitioner” has the meaning stated in Health-General Article, §19-132, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Health maintenance organization” has the meaning stated in Health-General Article, §19-701, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“Home health care” means the continued care and treatment of a covered person in the home if:</text>
      <paragraph num="(a)">
        <text>The institutionalization of the covered person in a hospital or related institution or skilled nursing facility would otherwise have been required if home health care were not provided; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The plan of treatment covering the home health care service is established and approved in writing by the health care practitioner.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(28)">
      <text>“Hospice care” has the meaning stated in 42 U.S.C. §1395x(dd).</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Insulin-using beneficiary” means a beneficiary who uses insulin as part of a treatment plan prescribed by the beneficiary's medical care provider.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Late enrollee” has the meaning stated in Insurance Article, §15-1201(h), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“Limited Benefit Plan” has the meaning stated in Insurance Article, §15-1201, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(32)">
      <text>“Maintenance drug” has the meaning set forth in Insurance Article, §15-824(a)(3), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“Managed care system” means a method that a carrier uses to review and preauthorize a treatment plan that a health care practitioner develops for a covered person using a variety of cost containment methods to control utilization, quality, and claims.</text>
    </paragraph>
    <paragraph num="(34)">
      <text>“Mandated benefit” means:</text>
      <paragraph num="(a)">
        <text>A health care service, benefit, coverage, or reimbursement for covered health care services that is required under the Insurance Article or the Health-General Article, Annotated Code of Maryland, to be provided or offered in a health benefit plan that is issued or delivered in the State by a carrier; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Reimbursement, required by statute, by a health benefit plan for a service if that service is performed by a care provider who is licensed under the Health Occupations Article and whose scope of practice includes that service.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(35)">
      <text>“Multiple risk factors” has the meaning stated in Insurance Article, §15-829, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(36)">
      <text>“Network” means providers who have entered into a provider service contract with a carrier to provide services on a preferential basis.</text>
    </paragraph>
    <paragraph num="(37)">
      <text>“Nonpreferred brand name drug” means a drug that a carrier has not designated as a preferred drug.</text>
    </paragraph>
    <paragraph num="(38)">
      <text>“Open formulary” means that prescription drugs to treat a covered service (brand and generic) are available to the insured or enrollee at specified levels of copayment.</text>
    </paragraph>
    <paragraph num="(39)">
      <text>“Other nonfacility services” means services provided by non-physician health care practitioners and includes diagnostic and laboratory services.</text>
    </paragraph>
    <paragraph num="(40)">
      <text>“Out-of-pocket limit” means the maximum amount of copayments, deductibles, and coinsurance that an individual or family is obligated to pay for covered services per contract year.</text>
    </paragraph>
    <paragraph num="(41)">
      <text>“Outpatient rehabilitative services” means occupational therapy, speech therapy, and physical therapy, provided to covered persons not admitted to a hospital or related institution.</text>
    </paragraph>
    <paragraph num="(42)">
      <text>“Part-time employee” has the meaning stated in Insurance Article, §15-1210, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(43)">
      <text>“Partial hospitalization” means the provision of medically directed intensive or intermediate short-term psychiatric treatment for a period of less than 24 hours but more than 4 hours in a day for an individual patient in a hospital, psychiatric day-care treatment center, or community mental health facility.</text>
    </paragraph>
    <paragraph num="(44)">
      <text>“Personal care” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(45)">
      <text>“Preferred brand name drug” means a drug that a carrier has designated on its preferred drug list.</text>
    </paragraph>
    <paragraph num="(46)">
      <text>“Preferred provider delivery system” means a delivery system that:</text>
      <paragraph num="(a)">
        <text>Provides services to a covered person through a network; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Permits the covered person to select services outside the network.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(47)">
      <text>“Preexisting condition” has the meaning stated in Insurance Article, §15-1201(l), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(48)">
      <text>“Primary care” means services rendered by a health care practitioner in the following disciplines:</text>
      <paragraph num="(a)">
        <text>General internal medicine;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Family practice medicine;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Pediatrics; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Obstetrics/gynecology.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(49)">
      <text>“Prominent carrier” has the meaning stated in Insurance Article, §15-1209, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(50)">
      <text>“Provider” means a health care practitioner or a health care facility licensed or otherwise authorized by law to provide health care services.</text>
    </paragraph>
    <paragraph num="(51)">
      <text>“Related institution” has the meaning stated in Health-General Article, §19-301, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(52)">
      <text>“Religious organization” means an entity that:</text>
      <paragraph num="(a)">
        <text>Is organized and operated exclusively for religious purposes; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has obtained a tax exemption under 26 U.S.C. §501(c)(3) of the U.S. Internal Revenue Code.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(53)">
      <text>“Residential crisis services” means intensive mental health and support services that are:</text>
      <paragraph num="(a)">
        <text>Provided to a child or an adult with a mental illness who is experiencing or is at risk of a psychiatric crisis that would impair the individual's ability to function in the community;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Designed to prevent a psychiatric inpatient admission, provide an alternative to psychiatric inpatient admission, or shorten the length of inpatient stay;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provided out of the individual's residence on a short-term basis in a community-based residential setting; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Provided by entities that are licensed by the Maryland Department of Health to provide residential crisis services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(54)">
      <text>“Service” means a health care diagnosis, procedure, treatment, or item.</text>
    </paragraph>
    <paragraph num="(55)">
      <text>“Skilled nursing facility” means an institution, or a distinct part of an institution, licensed by the Maryland Department of Health, which is:</text>
      <paragraph num="(a)">
        <text>Primarily engaged in providing:</text>
        <paragraph num="(i)">
          <text>Skilled nursing care, and related services, for residents who require medical or nursing care; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Rehabilitation services for injured, disabled, or sick persons; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Certified by the Medicare Program as a skilled nursing facility.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(56)">
      <text>“Small employer” has the meaning stated in Insurance Article, §15-1201(o), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(57)">
      <text>“Standard Plan” has the meaning stated in Insurance Article, §15-1201, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>