Maryland Health - General Section 19-3B-01
§ 19-3B-01.
  (a)   In this subtitle the following words have the meanings indicated.
  (b)   (1)   "Ambulatory surgical facility" means any center, service, office facility, or other entity that:
      (i)   Operates primarily for the purpose of providing surgical services to patients requiring a period of postoperative observation but not requiring overnight hospitalization; and
      (ii)   Seeks reimbursement from payors as an ambulatory surgery center.
    (2)   "Ambulatory surgical facility" does not include:
      (i)   The office of one or more health care practitioners seeking only professional reimbursement for the provisions of medical services, unless:
        1.   The office operates under contract or other agreement with a payor as an ambulatory surgical facility regardless of whether it is paid a technical or facility fee; or
        2.   The office is designated to receive ambulatory surgical referrals in accordance with utilization review or other policies adopted by a payor;
      (ii)   Any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title;
      (iii)   The office of a health care practitioner with not more than one operating room if:
        1.   The office does not receive a technical or facility fee; and
        2.   The operating room is used exclusively by the health care practitioner for patients of the health care practitioner;
      (iv)   The office of a group of health care practitioners with not more than one operating room if:
        1.   The office does not receive a technical or facility fee; and
        2.   The operating room is used exclusively by members of the group practice for patients of the group practice; or
      (v)   An office owned or operated by one or more dentists licensed under the Health Occupations Article.
  (c)   "Freestanding ambulatory care facility" means:
    (1)   An ambulatory surgical facility;
    (2)   A freestanding endoscopy facility;
    (3)   A freestanding facility utilizing major medical equipment;
    (4)   A kidney dialysis center; or
    (5)   A freestanding birthing center.
  (d)   (1)   "Freestanding birthing center" means a facility that provides nurse midwife services under Title 8, Subtitle 6 of the Health Occupations Article.
    (2)   "Freestanding birthing center" does not include:
      (i)   A hospital regulated under Subtitle 2 of this title; or
      (ii)   The private residence of the mother.
  (e)   (1)   "Freestanding endoscopy facility" means a facility:
      (i)   For the testing, diagnosis, or treatment of a medical disorder in conjunction with the use of microscopic, endoscopic, or laparoscopic equipment that is inserted in a naturally occurring orifice of the body; and
      (ii)   That seeks reimbursement as a freestanding endoscopy facility from payors or Medicare.
    (2)   "Freestanding endoscopy facility" does not include:
      (i)   The office of one or more health care practitioners unless:
        1.   The office operates under a contract or other agreement with a payor as a freestanding endoscopy facility regardless of whether it is paid a technical or facility fee; or
        2.   The office is designated to receive endoscopic referrals in accordance with utilization review or other policies adopted by a payor; or
      (ii)   Any facility or service operated by a hospital and regulated under Subtitle 2 of this title.
  (f)   (1)   "Freestanding facility operating major medical equipment" means a facility using major medical equipment.
    (2)   "Freestanding facility operating major medical equipment" does not include any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title.
  (g)   "Health care practitioner" means a person who is licensed, certified, or otherwise authorized under the Health Occupations Article to provide medical services in the ordinary course of business or practice of a profession.
  (h)   (1)   "Kidney dialysis center" means a facility that provides hemodialysis or chronic peritoneal dialysis.
    (2)   "Kidney dialysis center" does not include any facility or service owned or operated by a hospital and regulated under Subtitle 2 of this title.
  (i)   "License" means a license issued by the Secretary under this subtitle.
  (j)   "Major medical equipment" means:
    (1)   Cardiac catheterization equipment;
    (2)   A computer tomography (CT) scanner;
    (3)   A lithotripter;
    (4)   Radiation therapy equipment, including a linear accelerator; or
    (5)   A magnetic resonance imager (MRI).
  (k)   "Payor" means:
    (1)   A health insurer, nonprofit health service plan, or health maintenance organization that holds a certificate of authority to offer health insurance policies or contracts in the State in accordance with this article or the Insurance Article;
    (2)   A third party administrator or any other entity under contract with a Maryland business to administer health benefits; or
    (3)   A self-insured group.
  (l)   "Surgical services" means any invasive procedure whether therapeutic or diagnostic involving the use of:
    (1)   Any cutting instrument;
    (2)   Microscopic, endoscopic, arthroscopic, or laparoscopic equipment; or
    (3)   A laser for the removal or repair of an organ or other tissue.