1. The Director shall include in the State Plan for Medicaid, to the extent that federal financial participation is available, a requirement that the State must: (a) Pay the nonfederal share of expenditures for outpatient services and swing-bed services provided by a critical access hospital; and (b) Reimburse a critical access hospital for the services described in paragraph (a) at a rate equal to the actual cost to the critical access hospital of providing the services or the amount charged by the critical access hospital for the services, whichever is less. 2. As used in this section: (a) Critical access hospital means a public or private hospital which has been certified as a critical access hospital by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. 1395i-4(e). (b) Swing-bed services means services as described in 42 C.F.R. 482.58.
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