Current through September 16, 2024
1. A hospital must be primarily engaged in
providing the services described in
42 U.S.C. §
1395x(e)(1) to inpatients,
unless the hospital:
(a) Is a psychiatric
hospital or rural hospital;
(b) Has
been certified as a critical access hospital by the Secretary of Health and
Human Services pursuant to 42 U.S.C. §
1395i-4(e); or
(c) Contains a distinct part skilled nursing
facility or nursing facility, as defined in
42 C.F.R. §
483.5.
2. Except as otherwise provided in
subsections 3 and 4, the Division shall determine whether a hospital meets the
requirements of subsection 1 based on a totality of the
circumstances.
3. Except as
otherwise provided in subsection 4, the Division shall deem a hospital to be in
compliance with subsection 1 if the hospital:
(a) Has 20 or fewer inpatient beds;
(b) Has been licensed and operating for less
than 12 months; and
(c) Contains a
number of inpatient beds that is equal to or greater than the capacity for
patients in the emergency room at the hospital.
4. The provisions of subsection 3 do not
apply to a hospital that was initially licensed on or before December 19, 2018,
and has been licensed continually after that date.
5. The Division shall determine that a
hospital does not meet the requirements of subsection 1 if the hospital did not
maintain:
(a) A minimum average daily census
of at least two inpatients, as determined pursuant to subsection 6;
and
(b) An average length of stay
of at least 2 days during the 12 months immediately preceding the date on which
the Division evaluates the hospital, as determined pursuant to subsection
6.
6. For the purposes
of this section:
(a) Average daily census must
be calculated by dividing the sum for the evaluation period of the number of
inpatients in the hospital at midnight of each day of the evaluation period by
the number of days in the evaluation period.
(b) Average length of stay must be calculated
by dividing the total number of inpatient hospital days in an evaluation period
by the number of discharges from the hospital in the evaluation period. As used
in this paragraph, "inpatient hospital day" means:
(1) The day on which a patient is admitted to
a hospital;
(2) The day on which a
patient is discharged from a hospital, including, without limitation, the day
on which a patient dies; and
(3)
Each day after the day on which a patient is admitted to a hospital and before
the patient is discharged.
Added to NAC
by Bd. of Health by R133-18, eff. 12/19/2018
NRS 439.200,
449.0302
