A. The authority shall promulgate rules to establish a rural emergency hospital license that enables certain hospitals to apply to receive federal health care reimbursement as rural emergency hospitals. B. The authority shall only issue a rural emergency hospital license to a health facility that: (1) on December 27, 2020, was: (a) designated as a critical access hospital by the centers for medicare and medicaid services; or (b) licensed as a hospital with less than fifty licensed beds and located in a county in a rural area as defined in Section 1886(d)(2)(D) or Section 1886(d)(8)(E) of the federal Social Security Act; (2) provides rural emergency hospital services in the facility twenty-four hours per day and is staffed twenty-four hours per day, seven days per week with a physician, nurse practitioner, clinical nurse specialist or physician assistant; (3) has a transfer agreement in effect with a level 1 or level 2 trauma center; (4) does not have an annual average patient length of stay over twenty-four hours; and (5) meets any other requirements that the authority finds necessary to implement state licensure and satisfy centers for medicare and medicaid services requirements for reimbursement as a rural emergency hospital. C. A health facility that applies to the authority for licensure as a rural emergency hospital shall include with the licensure application: (1) an action plan for initiating rural emergency hospital services, including a detailed transition plan that lists the specific services that the facility will retain, modify, add and discontinue; (2) a description of services that the facility intends to provide on an outpatient basis; and (3) any other information required by rules of the authority. D. A rural emergency hospital shall not have inpatient beds, but a rural emergency hospital may have a unit that is a distinct part of the hospital that is licensed as a skilled nursing facility and provides post-hospital extended care services. E. For the purposes of this section,"rural emergency hospital" means a health facility that provides emergency and observational care and meets the licensure requirements outlined in Subsection B of this section. History: Laws 2023, ch. 109, § 1; § 24-1-5.12, recompiled and amended as § 24A-1-10 by Laws 2024, ch. 39, § 31. Recompilations. — Laws 2024, ch. 39, § 31 recompiled and amended former 24-1-5.12 NMSA 1978 as 24A-1-10 NMSA 1978, effective July 1, 2024. The 2024 amendment, effective July 1, 2024, effective July 1, 2024, substituted the health care authority for the department of health to correspond with the new powers and duties of the health care authority; substituted "authority" for "department" throughout the section; and in Subsection E, deleted Paragraph E(1), which defined "department" as the department of health.
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