(a)Definitions – As used in this section:
(1)"Critical Access Hospital" means a hospital that has been deemed eligible and received designation as a critical access hospital by the Centers for Medicare and Medicaid Services (CMS).
(2)"Rural Emergency Hospital" means a facility that:
(A)Was a critical access hospital;
(B)Does not provide acute care inpatient services; and
(C)Provides, at a minimum, rural emergency hospital services.
(3)"Rural Emergency Hospital Services" means emergency department services and observation care furnished by a rural emergency hospital that does not exceed an annual per patient average of 24 hours in such rural emergency hospital.
(4)"Staffed Emergency Department" means an emergency department of a rural emergency hospital that meets the followi
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(a) Definitions – As used in this section:
(1) "Critical Access Hospital" means a hospital that has been deemed eligible and received designation as a critical access hospital by the Centers for Medicare and Medicaid Services (CMS).
(2) "Rural Emergency Hospital" means a facility that:
(A) Was a critical access hospital;
(B) Does not provide acute care inpatient services; and
(C) Provides, at a minimum, rural emergency hospital services.
(3) "Rural Emergency Hospital Services" means emergency department services and observation care furnished by a rural emergency hospital that does not exceed an annual per patient average of 24 hours in such rural emergency hospital.
(4) "Staffed Emergency Department" means an emergency department of a rural emergency hospital that meets the following requirements:
(A) The emergency department is staffed 24 hours a day, seven days a week; and
(B) A licensed physician, advanced practice registered nurse, clinical nurse specialist, or physician assistant is available to furnish rural emergency hospital services in the facility 24 hours a day.
(b) A hospital located in an urban area (Metropolitan Statistical Areas (MSA) county), can be considered rural for the purposes of a designation as a critical access hospital pursuant to U.S.C. §1395i-4(c)(2) if it meets the following criteria:
(1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid and Medicare patients;
(2) Provides emergency health care services to indigent patients;
(3) Maintains 24-hour emergency services; and
(4) Is located in a county that has a rural population of 50 percent or greater as determined by the most recent United States decennial census.
(c) A critical access hospital may apply to be licensed as a rural emergency hospital if:
(1) It has been designated as a critical access hospital for at least one year; and
(2) It is designated as a critical access hospital at the time of application for licensure as a rural emergency hospital.
(d) In addition to the requirements of subsection (c) of this section, rural emergency hospital shall, at a minimum:
(1) Provide rural emergency hospital services through a staffed emergency department;
(2) Treat all patients regardless of insurance status; and
(3) Have in effect a transfer agreement with a Level I or Level II trauma center.
(e) A rural emergency hospital may:
(1) With respect to services furnished on an outpatient basis, provide other medical and health services as specified by the Inspector General through rulemaking; and
(2) Include a unit of a facility that is a distinct part licensed as a skilled nursing facility to furnish post-hospital extended care services.
(f) The Inspector General shall propose a rule for legislative approval in accordance with the provisions of §29A-3-1et seq. of this code to implement the provisions of this section.