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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Definitions -- As used in this section:
(1) “Critical Access Hospital” means a hospital that has been deemed eligible and received designation as a critical access hospital by the Centers for Medicare and Medicaid Services (CMS).
(2) “Rural Emergency Hospital” means a facility that:
(A) Was a critical access hospital;
(B) Does not provide acute care inpatient services; and
(C) Provides, at a minimum, rural emergency hospital services.
(3) “Rural Emergency Hospital Services” means emergency department services and observation care furnished by a rural emergency hospital that does not exceed an annual per patient average of 24 hours in such rural emergency hospital.
(4) “Staffed Emergency Department” means an emergency department of a rural emergency hospital that meets the following requirements:
(A) The emergency department is staffed 24 hours a day, 7 days a week; and
(B) A licensed physician, advanced practice registered nurse, clinical nurse specialist, or physician assistant is available to furnish rural emergency hospital services in the facility 24 hours a day.
(b) A hospital located in an urban area (Metropolitan Statistical Areas (MSA) county), can be considered rural for the purposes of a designation as a critical access hospital pursuant to U.S.C. § 1395i-4(c)(2) if it meets the following criteria:
(1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid and Medicare patients;
(2) Provides emergency health care services to indigent patients;
(3) Maintains 24-hour emergency services; and
(4) Is located in a county that has a rural population of 50 percent or greater as determined by the most recent United States decennial census.
(c) A critical access hospital may apply to be licensed as a rural emergency hospital if:
(1) It has been designated as a critical access hospital for at least one year; and
(2) It is designated as a critical access hospital at the time of application for licensure as a rural emergency hospital.
(d) In addition to the requirements of subsection (c) of this section, rural emergency hospital shall, at a minimum:
(1) Provide rural emergency hospital services through a staffed emergency department;
(2) Treat all patients regardless of insurance status; and
(3) Have in effect a transfer agreement with a Level I or Level II trauma center.
(e) A rural emergency hospital may:
(1) With respect to services furnished on an outpatient basis, provide other medical and health services as specified by the secretary through rulemaking; and
(2) Include a unit of a facility that is a distinct part licensed as a skilled nursing facility to furnish post-hospital extended care services.
(f) The department shall propose a rule for legislative approval in accordance with the provisions of § 29A-3-1 et seq. of this code to implement the provisions of this section.
Cite this article: FindLaw.com - West Virginia Code Chapter 16. Public Health § 16-5B-14. Rural Emergency Hospital Act - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-16-public-health/wv-code-sect-16-5b-14/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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