Okla. Admin. Code § 310:667-63-2

Current through Vol. 41, No. 19, June 17, 2024

Section 310:667-63-2 - [Effective until 9/14/2024] Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise.

"CMS" means the Centers for Medicare & Medicaid Services, a part of the United States Department of Health and Human Services.

"Code of federal regulations" or "CFR" means the codification of the general and permanent rules published by the departments and agencies of the federal government.

"Conditions of participation" means certain CMS regulations setting minimum health and safety standards for healthcare organizations to meet to participate in federally funded healthcare programs, such as Medicare and Medicaid.

"Facility" means:

(A)was a critical access hospital; or

(B)was a subsection (d) hospital (as defined in section 1395ww(d)(1)(B) of Title 42 U.S.C.) with not more than 50 beds located in a county (or equivalent unit of local government) in a rural area (as defined in section 1395ww(d)(2)(D) of Title 42 U.S.C.), or was a subsection (d) hospital (as so defined) with not more than 50 beds that was treated as being located in a rural area pursuant to section 1395ww(d)(8)(E) of Title 42 U.S.C. [Title 42 U.S.C. 1395x]

"Rural emergency hospital" or "REH" means a facility, as defined above, that:

(A)is enrolled under Title 42 U.S. C. § 1395cc(j), which relates to the enrollment process for providers of services and suppliers, submits the additional information described in paragraph 1395x(kkk)(4)(A) of Title 42 U.S.C., related to providing an action plan, describing any outpatient services offered and the proposed use of the additional facility payment to REHs, for purposes of such enrollment, and makes the detailed transition plan described in clause (i) of such paragraph available to the public, in a form and manner determined appropriate by the U.S. Secretary of Health & Human Services ("Secretary");

(B)does not provide any acute care inpatient services, other than those described in paragraph Title 42 U.S.C. 1395x(kkk)(6)(A), related a skilled nursing facility to furnish post-hospital extended care services;

(C)has in effect a transfer agreement with a level I or level II trauma center;

(D)meets-

(i)licensure requirements as described in paragraph Title 42 U.S.C. 1395x(kkk)(5);

(ii)the requirements of a staffed emergency department as described in paragraph Title 42 U.S.C. 1395x(kkk)(1)(B);

(iii)such staff training and certification requirements as the Secretary may require;

(iv)conditions of participation applicable to-

(I)critical access hospitals, with respect to emergency services under section 485.618 of title 42, Code of Federal Regulations ("CFR") (or any successor regulation); and

(II)hospital emergency departments under this subchapter, as determined applicable by the Secretary; [Title 42 U.S.C. 1395x(kkk)] and

(E)means an entity that operates for the purpose of providing emergency department services, observation care, and other outpatient medical and health services specified by the Secretary in which the annual per patient average length of stay does not exceed 24 hours. [42 CFR Part 485, § 485.502]

"Rural emergency hospital services" means the following services furnished by a rural emergency hospital that do not exceed an annual per patient average of 24 hours in such rural emergency hospital:

(A)Emergency department services and observation care; and

(B)At the election of the rural emergency hospital, with respect to services furnished on an outpatient basis, other medical and health services as specified by the Secretary through rulemaking. [Title 42 U.S.C. 1395x(kkk)(1)]

"Twenty-four hours" or "24 hours" means the time calculation for determining the length of stay of a patient receiving REH services, which begins with the registration, check-in or triage of the patient (whichever occurs first) and ends with the discharge of the patient from the REH. [42 CFR Part 485, § 485.502]

"U.S.C." means the United States Code, a consolidation and codification by subject matter of the general and permanent laws of the United States.

Okla. Admin. Code § 310:667-63-2

Adopted by Oklahoma Register, Volume 40, Issue 14, April 3, 2023, eff. 2/22/2023 (emergency)