1. (a) The Department may exempt the following STAC hospitals from the requirements in this Section:

   1. (1) A hospital operated by a county with a population of 3,000,000 or more.
   2. (2) A hospital operated by a State agency or a State university.
2. (b) STAC hospitals may transfer patients who meet criteria in the LTAC hospital criteria and are medically stable for discharge from the STAC hospital.

3. (c) A patient in a STAC hospital may be exempt from a transfer if:

   1. (1) The patient's physician does not issue an order for a transfer;
   2. (2) The patient or the individual legally authorized to make medical decisions for the patient refuses the transfer; or
   3. (3) The patient's care is primarily paid for by Medicare or another third party. The exemption in this paragraph (3) of subsection (c) does not apply to a patient who has exhausted his or her Medicare benefits resulting in the Department becoming the primary payer.

(Source: P.A. 96-1130, eff. 7-20-10.)