; (ii) by redesignating subparagraph (C) as subparagraph (H); and (iii) by inserting after subparagraph (C) the following subparagraphs: (D) Nonparticipating emergency facility; participating emergency facility (i) Nonparticipating emergency facility The term nonparticipating emergency facility means, with respect to an item or service and a group health plan or health insurance coverage offered by a health insurance issuer, an emergency department of a hospital or an independent freestanding emergency department, that does not have a contractual relationship with the plan or coverage for furnishing such item or service. (ii) Participating emergency facility The term participating emergency facility means, with respect to an item or service and a group health plan or health insurance coverage offered by a health insurance issuer, an emergency department of a hospital or an independent freestanding emergency department, that has a contractual relationship with the plan or coverage for furnishing such item or service. (E) Nonparticipating providers