10.25.19.02

.02 Definitions.

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

B. Terms Defined.

(1) “Advance directive” means:

(a) A witnessed written or electronic document, voluntarily executed by the declarant in accordance with the requirements of Health General Article, Title 5 Subtitle 6, Annotated Code of Maryland;

(b) A witnessed oral statement, made by the declarant in accordance with the provisions of Health General Article, Title 5 Subtitle 6, Annotated Code of Maryland; or

(c) An unwitnessed electronic document in which the declarant’s identity is authenticated in accordance with the National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63.

(2) “Commission” means the Maryland Health Care Commission.

(3) “Declarant” means a competent individual who makes an advance directive while capable of making and communicating an informed decision.

(4) “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.

(5) “Executive Director” means the Executive Director of the Commission.

(6) “Health care agent” means an individual appointed by a declarant under an advance directive to make health care decisions on behalf of a declarant.

(7) “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.

(8) “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.

(9) “State Recognition criteria” or “criteria” means technology, security, privacy, and other standards established by the Commission in accordance with Regulation .03 of this chapter and for nonwitnessed advance directives, must meet National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63 to authenticate a declarant’s identity.