1. (a) As used in this chapter, "hospital" means either of the following:

   1. (1) A hospital (as defined in IC 16-18-2-179 (b)) licensed under this article.
   2. (2) A private psychiatric hospital licensed under IC 12-25 .

2. (b) The term does not include the following:

   1. (1) A state mental health institution operated under IC 12-24-1-3 .

   2. (2) A hospital:

      1. (A) designated by the Medicaid program as a long term care hospital;
      2. (B) that has an average inpatient length of stay that is greater than twenty-five (25) days, as determined by the office of Medicaid policy and planning under the Medicaid program;
      3. (C) that is a Medicare certified, freestanding rehabilitation hospital; or
      4. (D) that is a hospital operated by the federal government.

3. (c) As used in this section, "physician owned hospital" means an acute care hospital licensed under IC 16-21-2 that has:

   1. (1) physician ownership; or

   2. (2) ownership by a legal entity with one hundred percent (100%) physician ownership;

      or ownership described in both subdivisions (1) and (2), and such ownership of the hospital is at least fifty-one percent (51%).

4. (d) The office may, subject to approval from the United States Department of Health and Human Services, exclude any of the following from the term for purposes of this chapter:

   1. (1) A physician owned hospital.
   2. (2) A class of hospitals, as determined by the office.

As added by P.L.205-2013, SEC.214. Amended by P.L.216-2025, SEC.20.