1. A. The following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Concentrator” means a device which removes nitrogen from ambient air, thus increasing the percentage of oxygen, and delivers the resulting oxygen-enhanced air to the patient.
   2. (2) “Current stable arterial blood gas results” means stable arterial blood gas results on room air within 1 month before the requested date of submission of the form designated by the Department.
   3. (3) “Demurrage” means a charge imposed by a provider for the detention of an oxygen cylinder or other equipment.
   4. (4) “Department” means the Maryland Department of Health, the single State agency designated to administer the Maryland Medical Assistance Program under Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq.
   5. (5) “Emergency services” means unscheduled deliveries or maintenance visits to the home or nursing home by the provider because of a threat to the patient's life caused by insufficient supply of oxygen or equipment malfunction.
   6. (6) “Home” means the place of residence occupied by the recipient, other than a hospital or a nursing facility.
   7. (7) “Hospital” means an institution which falls within the jurisdiction of Health-General Article, §19-301 et seq., Annotated Code of Maryland, and is licensed pursuant to COMAR 10.07.01 or other applicable standards established by the State in which the service is provided.
   8. (8) “Intermittent Positive Pressure Breathing (IPPB) Equipment” means an apparatus designed to force a combination of ambient air or medication, or both, into a patient's respiratory system.
   9. (9) “Medical Assistance Program” means a program of comprehensive medical and other health-related care for indigent and medically indigent persons.
   10. (10) “Medicare” means the insurance program administered by the federal government under Title XVIII of the Social Security Act, 42 U.S.C. §1395 et seq.
   11. (11) “Nasal continuous positive airway pressure (NCPAP) system” means a noninvasive apparatus designed to maintain air or oxygen, or both, under constant positive pressure through the nose during sleep.
   12. (12) “Nursing facility” means a Comprehensive Care Facility which falls within the jurisdiction of the Health-General Article, §19-301 et seq., Annotated Code of Maryland, or other applicable standards established by the State in which the service is provided.
   13. (13) “Oxygen” means pure liquid or gaseous oxygen, not in combination with other medical gases, packaged in suitable safe containers for administration to patients.
   14. (14) “Prepayment authorization” means the approval required from the Department or its designee before services can be rendered.
   15. (15) “Prescriber” means a physician licensed to prescribe oxygen and related respiratory equipment in the state in which the service is provided.
   16. (16) “Program” means the Maryland Medical Assistance Program.
   17. (17) “Provider” means an individual, association, partnership, or incorporated or unincorporated group of individuals who, through an appropriate agreement with the Department, has been identified as a Program supplier of oxygen and related respiratory equipment by the issuance of an individual account number.
   18. (18) “Recipient” means a person who is certified as eligible for, and is receiving, Medical Assistance benefits.
   19. (19) “Related respiratory equipment” means accessories used to move, direct, measure, or control the flow of oxygen from its container, or from a concentrator, to the patient.

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-129, Annotated Code of Maryland

Effective date: January 1, 1984 (10:25 Md. R. 2268)

Regulation .01B amended effective November 5, 1984 (11:22 Md. R. 1899); May 2, 1988 (15:9 Md. R. 1108); May 29, 1989 (16:10 Md. R. 1109); April 5, 2010 (37:7 Md. R. 570)

Regulation .03 amended effective April 16, 2012 (39:7 Md. R. 491); April 13, 2015 (42:7 Md. R. 568)

Regulation .03D amended effective April 5, 2010 (37:7 Md. R. 570)

Regulation .03H amended effective May 29, 1989 (16:10 Md. R. 1109)

Regulation .03P, .05, .06F, and .07D, F, G amended effective November 5, 1984 (11:22 Md. R. 1899)

Regulation .04 amended effective November 5, 1984 (11:22 Md. R. 1899); May 2, 1988 (15:9 Md. R. 1108); May 29, 1989 (16:10 Md. R. 1109)

Regulation .04B amended effective September 11, 2017 (44:18 Md. R. 866)

Regulation .04B, F amended effective April 5, 2010 (37:7 Md. R. 570)

Regulation .04F amended effective April 16, 2012 (39:7 Md. R. 492)

Regulation .05B amended effective May 2, 1988 (15:9 Md. R. 1108); April 5, 2010 (37:7 Md. R. 570); September 11, 2017 (44:18 Md. R. 866)

Regulation .06 amended effective October 27, 2003 (30:21 Md. R. 1529); April 5, 2010 (37:7 Md. R. 570)

Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 570)

Regulation .07C, E, M amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .07D amended as an emergency provision effective July 1, 1984 (11:13 Md. R. 1170); emergency status expired October 28, 1984

Regulation .07D amended effective August 12, 1985 (12:16 Md. R. 1606)

Regulation .07D amended as an emergency provision effective October 1, 1986 (13:22 Md. R. 2393); adopted permanently effective February 1, 1987 (14:2 Md. R. 129)

Regulation .07D amended effective May 2, 1988 (15:9 Md. R. 1108); October 27, 2003 (30:21 Md. R. 1529); April 2, 2012 (39:6 Md. R. 408): February 3, 2014 (41:2 Md. R. 91); June 14, 2021 (48:12 Md. R. 473)

Regulation .07E amended effective April 9, 1984 (11:7 Md. R. 625)

Regulation .07O amended effective September 10, 1984 (11:18 Md. R. 1584)

Regulation .07O amended as an emergency provision effective January 28, 1991 (18:3 Md. R. 301); emergency status expired April 8, 1991 (18:9 Md. R. 1004)

Regulation .07O amended as an emergency provision effective April 9, 1991 (18:9 Md. R. 1005); amended permanently effective October 7, 1991 (18:18 Md. R. 2004)

Regulation .08A amended effective May 12, 1986 (13:9 Md. R. 1029)

Regulation .10 amended effective January 24, 2011 (38:2 Md. R. 84)