PARRIS N. GLENDENING, Governor

Ch. 499

(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;
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(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.

(D)     (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,
ARTHROSCOPIC, OR LAPAROSCOPIC EQUIPMENT THAT IS INSERTED IN A
NATURALLY OCCURRING ORIFICE OF THE BODY 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.

(E)     (1) "FREESTANDING FACILITY OPERATING MAJOR MEDICAL
EQUIPMENT" MEANS A FACILITY USING MAJOR MEDICAL EQUIPMENT.

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