(1) As used in this section, "board" means the state board of health created in section 25-1-103.
(1.5) On or after December 1, 2021, a person that wishes to operate a freestanding emergency department must submit to the department on an annual basis a completed application for licensure as a freestanding emergency department. On or after July 1, 2022, a person shall not operate a freestanding emergency department that is required to be licensed pursuant to this section without a license issued by the department.
The department may grant a waiver of the licensure requirements set forth in thissection and in rules adopted by the board for either a licensed community clinic or community clinic seeking licensure that is serving an underserved population in the state.
(a) The board shall adopt rules establishing the requirements for licensure of, waiver from the requirement for licensure of, safety and care standards for, and fees for licensing and inspecting freestanding emergency departments. The board must set the fees in accordance with section 25-3-105.
The rules adopted by the board shall include a requirement that each individual seeking treatment at the freestanding emergency department receive a medical screening examination and a prohibition against delaying a medical screening examination in order to inquire about the individual's ability to pay or insurance status.
The rules adopted by the board must take effect by July 1, 2021, and thereafter theboard shall amend the rules as necessary.
A freestanding emergency department licensed pursuant to this section is subject tothe requirements in section 25-3-119.
(a) As used in this section, "freestanding emergency department" means a health facility that offers emergency care, that may offer primary and urgent care services, and that is either:
Owned or operated by, or affiliated with, a hospital or hospital system and locatedmore than two hundred fifty yards from the main campus of the hospital; or
Independent from and not operated by or affiliated with a hospital or hospital systemand not attached to or situated within two hundred fifty yards of, or contained within, a hospital.
(b) "Freestanding emergency department" does not include a health facility described in subsection (5)(a) of this section that was licensed by the department pursuant to section 25-1.5103 as a community clinic prior to July 1, 2010, if the facility is serving a rural community or a ski area, as defined in board rules.
Source: L. 2019: Entire section added, (HB 19-1010), ch. 324, p. 2996, § 1, effective August 2. L. 2020: Entire section amended, (HB 20-1402), ch. 216, p. 1052, § 51, effective June 30.