1. (a) For a hospital classified as a general hospital, the Secretary shall annually calculate the hospital's licensed bed capacity.
2. (b) The annual licensed bed calculation for each hospital shall equal 140 percent of the average daily census for the 12-month period immediately preceding the calculation.

3. (c) If necessary to adequately meet demand for services, a hospital may exceed its licensed bed capacity if:

   1. (1) On average for the 12-month period, the hospital does not exceed its licensed bed capacity based on the annual calculation; and

   2. (2) The hospital includes in its monthly report to the Health Services Cost Review Commission the following information:

      1. (i) The number of days in the month the hospital exceeded its licensed bed capacity; and
      2. (ii) The number of beds that were in excess on each of those days.
4. (d) Before July 1, 2000 and each July 1 thereafter, the Secretary shall delicense any licensed hospital beds determined to be excess bed capacity under subsection (b) of this section.

Added by Acts 1999, c. 678, § 1, eff. Oct. 1, 1999.