42 C.F.R. 42 CFR--PART 412
Title 42 - Public Health
Effective Date(s): October 1, 2006 8. Section 412.22 is amended by— a. Revising the introductory text of paragraph (f). b. Adding a new paragraph (f)(3). c. Revising paragraph (h)(1). d. In paragraph (h)(2), removing the phrase “(h)(3), (h)(6), and (h)(7) of this section” and adding the phrase “(h)(3), (h)(4), (h)(5), (h)(7), and (h)(8) of this section” in its place. e. Redesignating paragraphs (h)(5), (h)(6), and (h)(7) as paragraphs (h)(6), (h)(7), and (h)(8), respectively. f. Revising paragraph (h)(3). g. Revising paragraph (h)(4). h. Adding a new paragraph (h)(5). i. In newly redesignated paragraph (h)(6), removing the phrase “(h)(1) through (h)(4) of this section” and adding the phrase “(h)(1) through (h)(5) of this section” in its place. The revisions and addition read as follows: * * * * * (f) Application for certain hospitals. Except as provided in paragraph (f)(3) of this section, if a hospital was excluded from the prospective payment systems under the provisions of this section on or before September 30, 1995, and at that time occupied space in a building also used by another hospital, or in one or more buildings located on the same campus as buildings used by another hospital, the criteria in paragraph (e) of this section do not apply to the hospital as long as the hospital— * * * * * (3) For cost reporting periods beginning on or after October 1, 2006, in applying the provisions of paragraph (f)(1) or (f)(2) of this section, any hospital that was excluded from the prospective payment systems under the provisions of this section on or before September 30, 1995, and at that time occupied space in a building also used by another hospital, or in one or more buildings located on the same campus as buildings used by another hospital may increase or decrease the square footage or decrease the number of beds considered to be part of the hospital at any time without affecting the provisions of paragraph (f)(1) or (f)(2) of this section. (i) If a hospital to which the provisions of paragraph (f)(1) of this section applies decreases its number of beds below the number of beds considered to be part of the hospital on September 30, 1995, it may subsequently increase the number of beds at any time as long as the resulting total number of beds considered to be part of the hospital does not exceed the number of beds at the hospital on September 30, 1995. (ii) If a hospital to which the provisions of paragraph (f)(2) of this section applies decreases its number of beds below the number of beds considered to be part of the hospital on September 30, 2003, it may subsequently increase the number of beds at any time as long as the resulting total number of beds considered to be part of the hospital does not exceed the number of beds at the hospital on September 30, 2003. * * * * * (h) Satellite facilities. (1) For purposes of paragraphs (h)(2) through (h)(5) of this section, a satellite facility is a part of a hospital that provides inpatient services in a building also used by another hospital, or in one or more entire buildings located on the same campus as buildings used by another hospital. * * * * * (3) Except as provided in paragraphs (h)(4) and (h)(5) of this section, the provisions of paragraph (h)(2) of this section do not apply to— * * * * * (4) For cost reporting periods beginning before October 1, 2006, in applying the provisions of paragraph (h)(3) of this section, any hospital structured as a satellite facility on September 30, 1999, may increase or decrease the square footage of the satellite facility or may decrease the number of beds in the satellite facility if these changes are made necessary by relocation of a facility— (i) To permit construction or renovation necessary for compliance with changes in Federal, State, or local law; or (ii) Because of catastrophic events such as fires, floods, earthquakes, or tornadoes. (5) For cost reporting periods beginning on or after October 1, 2006, in applying the provisions of paragraph (h)(3) of this section— (i) Any hospital structured as a satellite facility on September 30, 1999, may increase or decrease the square footage or decrease the number of beds considered to be part of the satellite facility at any time without affecting the provisions of paragraph (h)(3) of this section; and (ii) If the satellite facility decreases its number of beds below the number of beds considered to be part of the satellite facility on September 30, 1999, it may subsequently increase the number of beds at any time as long as the resulting total number of beds considered to be part of the satellite facility does not exceed the number of beds at the satellite facility on September 30, 1999. * * * * *
Amendment from August 18, 2006
42 CFR--PART 412
Amendment(s) published August 18, 2006, in 71 FR 48136
§ 412.22 Excluded hospitals and hospital units: General rules.
