Designation and certification of REHs.

CMS certifies a facility as an REH if the facility was, as of December 27, 2020— (a) A critical access hospital; or (b) A hospital as defined in section 1886(d)(1)(B) of the Act with not more than 50 beds located in a county (or equivalent unit of local government) that is considered rural (as defined in section 1886(d)(2)(D) of the Act); or (c) A hospital as defined in section 1886(d)(1)(B) of the Act with not more than 50 beds that was treated as being located in a rural area that has had an active reclassification from urban to rural status as specified in § 412.103 of this chapter as of December 27, 2020. [87 FR 72293, Nov. 23, 2022, as amended at 88 FR 82183, Nov. 22, 2023]