1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Advance Care Planning” means a process through which an individual considers and documents in a formal manner the individual’s preferences for the receipt of health care, including through the use of an advance directive.
   2. (2) “Advance directive” has the meaning stated in Health-General Article, Title 5 Subtitle 6, Annotated Code of Maryland.
   3. (3) “Commission” means the Maryland Health Care Commission.
   4. (4) “Declarant” means a competent individual who makes an advance directive while capable of making and communicating an informed decision.
   5. (5) “Electronic advance directives service” or “service” means a corporation, firm, association, or other entity that offers electronic advance directives services by way of a web-based application using cloud-based technology.
   6. (6) “Executive Director” means the Executive Director of the Commission.
   7. (7) “Health care agent” means an individual appointed by a declarant under an advance directive to make health care decisions on behalf of a declarant.
   8. (8) “State-Designated HIE” means an entity designated by the Maryland Health Care Commission and the Health Services Cost Review Commission pursuant to the statutory authority set forth under Health-General Article, §19-143, Annotated Code of Maryland.
   9. (9) “State Recognition” or “State-Recognized” means the status awarded by the Commission to an approved electronic advance directives service that has met State Recognition criteria.
   10. (10) “State Recognition criteria” or “criteria” means technology, security, privacy, and other standards established by the Commission in accordance with Regulation .03 of this chapter.
   11. (11) “Vendor” means an electronic advance directive service..

Authority: Health-General Article, §§4-302.2, 5-602, 5-622, 19-103(c)(2)(i) and (ii), and 19-144, Annotated Code of Maryland

Effective date: March 12, 2018 (45:5 Md. R. 285)

Regulation .02B amended effective January 9, 2023 (49:27 Md. R. 1110)

Regulation .03 amended effective January 9, 2023 (49:27 Md. R. 1110)

Regulation .04B, d amended effective January 9, 2023 (49:27 Md. R. 1110)

Regulation .07 amended effective January 9, 2023 (49:27 Md. R. 1110)

Regulation .08 amended effective January 9, 2023 (49:27 Md. R. 1110)