a provider or facility described in subclause (I), are the following: (aa) Such a provider or facility determines such individual is able to travel using nonmedical transportation or nonemergency medical transportation. (bb) Such provider furnishing such additional items and services satisfies the notice and consent criteria of section 2799A–2(d) of the Public Health Service Act with respect to such items and services. (cc) Such an individual is in a condition to receive (as determined in accordance with guidance issued by the Secretary) the information described in section 2799A–2 of the Public Health Service Act and to provide informed consent under such section, in accordance with applicable State law. (D) Independent freestanding emergency department The term independent freestanding emergency department means a facility that— (i) is geographically separate and distinct and licensed separately from a hospital under applicable State law