1. (a) A facility shall be eligible to apply for a rural emergency hospital license if such facility, as of December 27, 2020, was a:

   1. (1) Licensed critical access hospital;
   2. (2) general hospital with not more than 50 licensed beds located in a county in a rural area as defined in section 1886(d)(2)(D) of the federal social security act; or
   3. (3) general hospital with not more than 50 licensed beds that is deemed as being located in a rural area pursuant to section 1886(d)(8)(E) of the federal social security act.

2. (b) A facility applying for licensure as a rural emergency hospital shall include with the licensure application:

   1. (1) An action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the facility will retain, modify, add and discontinue;
   2. (2) a description of services that the facility intends to provide on an outpatient basis; and
   3. (3) such other information as required by rules and regulations adopted by the department of health and environment.
3. (c) A rural emergency hospital shall not have inpatient beds, except that such hospital may have a unit that is a distinct part of such hospital and that is licensed as a skilled nursing facility to provide post-hospital extended care services.
4. (d) A rural emergency hospital may own and operate an entity that provides ambulance services.
5. (e) A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital. Such original license shall remain inactive while the rural emergency hospital license is in effect.

L. 2021, ch. 88, § 4; May 6.