Relating to rural emergency hospitals, including licensing requirements and fees, making penalties applicable, providing emergency rulemaking authority, and including applicability and effective date provisions

This bill provides for state licensure of rural emergency hospitals. Under the federal Consolidated Appropriations Act of 2021 (federal Act), rural emergency hospitals (REHs) were established as a new provider type. Effective January 1, 2023, REHs will be eligible to enroll in Medicare and to receive an enhanced reimbursement rate for eligible services consisting of the outpatient prospective payment system rate plus a percent add-on and a fixed monthly payment. In order to be classified as an REH under the federal Act, a facility must meet certain requirements, including applicable state licensing requirements. The bill provides a process for such licensure. The bill provides emergency rulemaking authority to implement the bill. The bill includes applicability provisions. The bill applies to a facility that was, on or before December 27, 2020, a general hospital with no more than licensed beds, located in a county in a rural area as specified in the bill with a population between 30,000 and 35,000 according to the 2020 federal decennial census, operating under a valid certificate of need on and prior to September 1, 2022. Notwithstanding any provision to the contrary, the conversion of the specified general hospital to a rural emergency hospital shall not be subject to certificate of need requirements. The bill takes effect upon enactment.