Sec. 4. (a) As used in this chapter, "hospital" means either of the following: (1) A hospital (as defined in IC 16-18-2-179 (b)) licensed under this article. (2) A private psychiatric hospital licensed under IC 12-25 . (b) The term does not include the following: (1) A state mental health institution operated under IC 12-24-1-3 . (2) A hospital: (A) designated by the Medicaid program as a long term care hospital; (B) that has an average inpatient length of stay that is greater than twenty-five (25) days, as determined by the office of Medicaid policy and planning under the Medicaid program; (C) that is a Medicare certified, freestanding rehabilitation hospital; or (D) that is a hospital operated by the federal government. (c) As used in this section, "physician owned hospital" means an acute care hospital licensed under IC 16-21-2 that has: (1) physician ownership; or (2) ownership by a legal entity with one hundred percent (100%) physician ownership; or ownership described in both subdivisions (1) and (2), and such ownership of the hospital is at least fifty-one percent (51%). (d) The office may, subject to approval from the United States Department of Health and Human Services, exclude any of the following from the term for purposes of this chapter: (1) A physician owned hospital. (2) A class of hospitals, as determined by the office.
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