50-5-233. Designation of critical access hospitals — adoption of rules. (1) The department may designate as a critical access hospital a facility that:

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(a)is:

(i)located more than 35 road miles or, in the case of a facility located in mountainous terrain or where only secondary roads exist, more than 15 road miles from a hospital or another critical access hospital; or

(ii)a necessary provider of health care services to residents of the area where the facility is located;

(b)provides 24-hour emergency care that is necessary for ensuring access to emergency care services in the area served by the facility;

(c)complies with the bed limitations adopted by rule, not to exceed the number specified in 42 U.S.C. §§ 1395i-4(c)(2)(B), (c)(2)(E), and (f);

(d)provides inpatient acute care for a period not exceeding 96 hours, as determined on an average, annual basis for each patient;

(e)complies with the staffing requirements of 42 U.S.C. §§ 1395i-4(c)(2)(B)(iv); and

(f)operates a quality assessment and performance improvement program and follows appropriate procedures for review of utilization of services as specified in 42 U.S.C. § 1395x(aa)(2)(I).

(2)The department shall adopt rules to implement this section, including the following:

(a)standards for determining whether the facility qualifies as a necessary provider pursuant to subsection (1)(a)(ii);

(b)standards for determining whether the 24-hour emergency care provided is necessary to ensure that the area served by the facility has adequate access to emergency care services;

(c)procedures for applying for and receiving designation as a critical access hospital; and

(d)designation of the maximum number of beds allowed pursuant to subsection (1)(c) and consistent with federal law.