1. (a)

   1. (1) Small rural hospitals that do not have a home health agency may be approved for a home health agency to serve either the:

      1. (A) County in which the hospital is located; or
      2. (B) Townships within a twenty-mile radius of the hospital.
   2. (2) “Small hospitals” means short-term acute care hospitals of fifty (50) or fewer licensed beds.
   3. (3) “Rural counties” means counties with a population of twenty-five thousand (25,000) or less in the last decennial census.
   4. (4) Hospitals approved under this subpart must have their home health agency licensed no later than twenty-four (24) months from the date of approval.
2. (b) If the hospital voluntarily or otherwise loses, surrenders, or transfers its home health license, the hospital is not eligible for five (5) years for a home health POA using the rural hospital designation.
3. (c) This five-year prohibition would not be applicable if the hospital proves it did not have any financial gain or receive any benefit from the loss, surrender, or transfer of its home health license.

Codification Notes: "POA" means permit of approval.