Ch. 499

1995 LAWS OF MARYLAND

[(e)](D) In the event of an adverse decision that affects its final decision, the
Commission may apply within 30 days by writ of certiorari to the Court of Appeals for
review where:

(1)     Review is necessary to secure uniformity of decision, as where the same
statute has been construed differently by 2 or more judges; or

(2)     There are other special circumstances that render it desirable and in the
public interest that the decision be reviewed.

SUBTITLE 3B. FREESTANDING AMBULATORY CARE FACILITIES.
19-3B-01.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     "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.

(C)     (1) "AN 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) "AN 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;

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