Current through Reg. 50, No. 13; March 28, 2025
The term "hospital" may be defined in relation to its
status, facilities, and available services. The definition may not stipulate as
a condition that a hospital be incorporated or that it be recognized by any
accrediting organizations.
(1) Except
as provided in these sections, the definition of the term "hospital" may not be
more restrictive than one requiring that the facility:
(A) be licensed as a hospital and operated
pursuant to law; and
(B) be
primarily engaged in providing or operating (either on its premises or in
facilities available to the hospital on a contractual prearranged basis and
under the supervision of a staff of one or more duly licensed physicians),
medical, diagnostic, and major surgery facilities for the medical care and
treatment of sick or injured persons on an inpatient basis for which a charge
is made; and
(C) provide 24-hour
nursing service by or under the supervision of a registered graduate
professional nurse (RN); and
(D) be
an institution which maintains and operates a minimum of five beds;
and
(E) have x-ray and laboratory
facilities either on the premises or available on a contractual prearranged
basis; and
(F) maintain permanent
medical history records.
(2) Hospitals which meet the following
standards must be specifically recognized in policies which do not exclude by
name the disease alcoholism:
(A) facilities
which are accredited by the Joint Commission on Accreditation of Hospitals;
and
(B) facilities which offer
medical, therapeutic, and psychiatric care for the treatment of
alcoholism.
(3) The
definition of the term "hospital" may exclude, except where prohibited by law
and subject to the requirement of §
3.3040(d) of
this title (relating to Prohibited Policy Provisions), any:
(A) military or veteran's hospital or
soldier's home or any hospital contracted for or operated by the federal
government or any agency thereof for the treatment of members or ex-members of
the armed forces; or
(B)
convalescent homes, convalescent facilities, rest facilities, or nursing
facilities; or
(C) home or
facilities primarily for the aged, drug addicts, alcoholics, those primarily
affording custodial care, educational care or those primarily affording care
for mental and nervous disorders.
