(a) The following hospitals shall be exempt from the assessment imposed under § 20-77-1902 unless the exemption is adjudged to be unconstitutional or otherwise determined to be invalid:
(1) Hospitals that are not privately operated hospitals;
(2) Hospitals licensed by the Department of Health as rehabilitation hospitals; and
(3) Specialty hospitals.
(b) If an exemption under subsection (a) of this section is adjudged to be unconstitutional or otherwise determined to be invalid, the applicable hospitals shall pay the assessment imposed under § 20-77-1902.