Rural emergency hospitals.

(1) As used in this section, the term:

(a) “Rural emergency hospital” means a rural hospital or critical access hospital as those terms are defined in s. 408.07 designated by the agency as a rural emergency hospital under this section.

(b) “Rural emergency services” means emergency services and other care that does not require treatment for more than 24 hours, on average, provided in a rural emergency hospital; observation care; and, at the election of the hospital, outpatient services specified in regulations adopted by the United States Secretary of Health and Human Services.

(2) A qualifying hospital may apply to the agency for designation as a rural emergency hospital on a form adopted by the agency. The agency may designate a hospital as a rural emergency hospital if it demonstrates that it meets all of the following criteria:

(a) Meets the requirements of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260, and the regulations adopted and guidance issued thereunder.

(b) Has no more than 50 beds.

(c) Can adequately provide rural emergency services in the facility 24 hours a day and 7 days a week.

(d) Is sufficiently staffed and equipped to provide rural emergency services of the types indicated by the applicant.

(e) Has a transfer agreement in effect with a Level I or Level II trauma center.

(3) Notwithstanding s. 395.002(12), a rural emergency hospital is not required to offer acute inpatient care or care beyond 24 hours, or to make available treatment facilities for surgery, obstetrical care, or similar services in order to be deemed a hospital as long as it maintains its designation as a rural emergency hospital, and may be required to make such services available only if it ceases to be designated as a rural emergency hospital.

(4) The agency must suspend or revoke a rural emergency hospital designation if at any time such a hospital fails to meet the requirements of this section.