W. Va. Code R. § 65-9-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 65-9-2 - Definitions

2.1. "Critical Access Hospital" means a hospital that is:

2.1.1. A not-for-profit, for-profit, or public hospital that is located in a county in a rural area as defined in 42 U.S.C.A. § 1395.i.4(e);

2.1.2. Located more than a 35-mile drive from a hospital or another health care facility or is located more than a 15-mile drive from a hospital or another health care facility in the case of mountainous terrain or in areas where only secondary roads are available;

2.1.3. Designated by the state as being a necessary provider of health care services to residents in the area;

2.1.4. Makes available 24-hour emergency care services: Provided, That the state will determine necessary criteria for ensuring access to emergency care in each area served by the hospital;

2.1.5. Provides not more than 25 beds for inpatient care for a period not to exceed 96 hours for each hospitalization to be averaged annually, unless a longer period is required because transfer to a hospital is precluded because of inclement weather or other emergency conditions: Provided, That swing bed patients are not limited to the 96-hour requirement;

2.1.6. Has nursing services available on a 24-hour basis;

2.1.7. Provides basic services as required under the Critical Access Regulations 42 C.F.R. § 485.635; and

2.1.8. Meets the requirements of 42 U.S.C.A. § 1395, et seq., Emergency Medical Treatment and Active Labor Act (EMTALA).

2.2. "Department" means the West Virginia Department of Health and Human Resources.

2.3. "Licensed" when applied to an individual, means an individual practicing within his or her scope of practice as authorized by § 30-1-1et seq.of this Code and when applied to a community outpatient medical center means that the community outpatient medical center is licensed by the Department.

W. Va. Code R. § 65-9-2