Section 333.21566 - Essential access community hospital; designation; purpose; eligibility requirements; modification of requirements(1) The department shall designate an eligible hospital as an essential access community hospital in order to qualify the facility for the essential access community hospital program under section 1820(e) of title XVIII of the social security act, 42 U.S.C. 1395i-4.(2) To be eligible for designation as an essential access community hospital, a hospital shall meet all of the following requirements:(a) Be located outside of a metropolitan statistical area, as defined by the United States office of management and budget.(b) Be located more than 35 miles from an essential access community hospital, or a facility classified by the secretary of health and human services as a rural referral center or a regional referral center under section 1886 (d)(5)(c) of title XVIII of the social security act, 42 U.S.C. 1395ww.(c) Have at least 75 inpatient beds or be located more than 35 miles from any other hospital.(d) Have a transfer agreement with at least a facility designated as a rural primary care hospital under section 1820(f) of title XVIII of the social security act, 42 U.S.C. 1395i-4.(e) Meet other requirements established by the department with the approval of the secretary of health and human services.(f) Be a nonprofit or public hospital.(3) The department may modify the requirements of subsection (2) in order to conform with changes in the federal requirements, or possible waivers, as provided in federal law or regulation for the designation of an essential access community hospital.Add. 1990, Act 252, Imd. Eff. 10/12/1990.