Arkansas Code of 1987 (2023) › Title 20 - PUBLIC HEALTH AND WELFARE (§§ 20-2-101 — 20-86-113) › Subtitle 2 - HEALTH AND SAFETY (§§ 20-6-101 — 20-38-113) › Chapter 9 - HEALTH FACILITIES AND SERVICES GENERALLY (§§ 20-9-101 — 20-9-1504) › Subchapter 2 - HEALTH FACILITIES SERVICES (§§ 20-9-201 — 20-9-224) › Section 20-9-224 - Rural emergency hospitals

(a)
A healthcare facility shall be eligible to apply for a rural emergency hospital license if the healthcare facility on or before December 27, 2020, was a:
(1)
Licensed critical access hospital;
(2)
General hospital with not more than fifty (50) licensed beds located in a county in a rural area under
42 U.S.C. § 1395ww(d)(10)(C)(ii)
; or
(3)
General hospital with not more than fifty (50) licensed beds that is deemed as being located in a rural area under
42 U.S.C. § 1395ww(d)(8)(E)
.
(b)
A healthcare facility applying 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 healthcare facility shall retain, modify, add, or discontinue, or any combination of retain, modify, add, or discontinue;
(2)
A description of services that the healthcare facility intends to provide on an outpatient basis; and
(3)
Other information as required by rules adopted by the Department of Health.
(c)
A rural emergency hospital shall not have inpatient beds unless the rural emergency hospital has a unit that is a distinct part of the rural emergency hospital that:
(1)
Is licensed as a skilled nursing facility to provide post-hospital extended care services; or
(2)
Provides behavioral health services in accordance with the Arkansas Health and Opportunity for Me Act of 2021, §
23-61-1001
et seq.
(d)
A rural emergency hospital may own and operate an entity that provides ambulance services.
(e)
(1)
A licensed general hospital or critical access hospital that applies for and receives licensure as a rural emergency hospital and elects to operate as a rural emergency hospital shall retain its original license as a general hospital or critical access hospital.
(2)
The original license shall remain inactive while the rural emergency hospital license is in effect.
(f)
(1)
A rural emergency hospital, including a city, county, or other governmental or quasi-governmental hospital, may enter into any contracts required to be eligible for federal reimbursement as a rural emergency hospital.
(2)
(A)
An entity engaging in activities and entering into contracts required to meet the requirements for licensure and reimbursement as a rural emergency hospital and its officers, agents, representatives, employees, and directors are acting pursuant to clearly expressed state policy under the supervision of the state.
(B)
An entity is not subject to state or federal antitrust laws while acting in this manner.
(g)
The State Board of Health shall adopt rules establishing the minimum standards for the establishment and operation of rural emergency hospitals in accordance with this section, including licensure of rural emergency hospitals.
(h)
(1)
A health benefit plan that is offered, issued, or renewed in this state shall provide benefits and coverage for services performed by a rural emergency hospital if the services would be covered under the health benefit plan if performed by a general hospital.
(2)
As used in subdivision (h)(1) of this section, "health benefit plan" means the same as defined in §
23-79-1801
.
(i)
The Arkansas Medicaid Program shall reimburse a rural emergency hospital at the same or greater rate in which critical access hospitals are reimbursed.
Added by Act 2023, No. 59,§ 5, eff. 2/13/2023.