SENATE BILL 245
56th legislature - STATE OF NEW MEXICO - first session, 2023
Elizabeth "Liz" Stefanics and Stuart Ingle
RELATING TO PUBLIC HEALTH; ALLOWING RURAL HEALTH FACILITIES TO APPLY FOR RURAL EMERGENCY HOSPITAL LICENSURE; ESTABLISHING RURAL EMERGENCY HOSPITAL LICENSURE REQUIREMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Public Health Act is enacted to read:
"[NEW MATERIAL] RURAL EMERGENCY HOSPITAL LICENSURE--LICENSING REQUIREMENTS.--
A. The department 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 department 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 I or level II 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 department 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 department 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 department.
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:
(1) "department" means the department of health; and
(2) "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."
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