; 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, an emergency department of a hospital, or an independent freestanding emergency department, that does not have a contractual relationship directly or indirectly with the plan for furnishing such item or service under the plan. (ii) Participating emergency facility The term participating emergency facility means, with respect to an item or service and a group health plan, an emergency department of a hospital, or an independent freestanding emergency department, that has a contractual relationship directly or indirectly with the plan, with respect to the furnishing of such an item or service at such facility. (G) Nonparticipating providers; participating providers (i) Nonparticipating provider The term nonparticipating provider means, with respect to an item or service and a group health plan, a physician or other health care provider who is acting within the scope of practice of that provider’s license or certification under applicable State law and who does not have a contractual relationship with the plan or issuer, respectively, for furnishing such item or service under the plan. (ii) Participating provider The term participating provider means, with respect to an item or service and a group health plan, a physician or other health care provider who is acting within the scope of practice of that provider’s license or certification under applicable State law and who has a contractual relationship with the plan for furnishing such item or service under the plan. (H) Recognized amount The term recognized amount means, with respect to an item or service furnished by a nonparticipating provider or emergency facility during a year and a group health plan— (i) subject to clause (iii), in the case of such item or service furnished in a State that has in effect a specified State law with respect to such plan