§ 440.10 Inpatient hospital services, other than services in an institution for mental diseases.

(a) Inpatient hospital services means services that— (1) Are ordinarily furnished in a hospital for the care and treatment of inpatients; (2) Are furnished under the direction of a physician or dentist; and (3) Are furnished in an institution that— (i) Is maintained primarily for the care and treatment of patients with disorders other than mental diseases; (ii) Is licensed or formally approved as a hospital by an officially designated authority for State standard-setting; (iii) Meets the requirements for participation in Medicare as a hospital; and (iv) Has in effect a utilization review plan, applicable to all Medicaid patients, that meets the requirements of § 482.30 of this chapter, unless a waiver has been granted by the Secretary. (b) Inpatient hospital services do not include SNF and ICF services furnished by a hospital with a swing-bed approval.