(c) Hospitals seeking designation as a CAH pursuant to this section, shall, in addition to complying with the provisions of this Part, comply with the following requirements of 42 CFR section 485.620:

1. (1) except as permitted for CAHs having Federal swing-bed agreements, the CAH maintains no more than 15 inpatient beds; and
2. (2) the CAH discharges or transfers each patient within 96 hours after admission, unless transfer to a hospital is precluded because of inclement weather or other emergency conditions.

(d) At the time of application PCHs may provide swing-bed services in accordance with Part 406 of this Title or seek approval to provide swing-bed services following designation as a PCH. CAHs shall comply with the following additional conditions pursuant to 42 CFR section 485.645 regarding swing-bed services:

1. (1) Federal swing-bed approval must not have been terminated within the two years prior to the facility's application for CAH status; and
2. (2) a facility that, at the time it applied for designation as a CAH, had in effect a swing-bed agreement for post-hospital skilled nursing facility care may continue to use its inpatient facilities for the provision of post-hospital SNF care, so long as the total number of beds that are used at any time for the furnishing of such services does not exceed 25 beds and the number of beds used at anytime for acute care inpatient services does not exceed 15 beds.