67:16:03:06.09.  Disproportionate share hospitals. To qualify as a disproportionate share hospital, the hospital must meet all of the following requirements:

          (1)  Have a Medicaid inpatient utilization rate that is above the mean Medicaid inpatient utilization rate for hospitals receiving Medicaid payments in the state or have a low-income utilization rate that exceeds 25 percent. The low-income utilization rate is calculated according to 42 U.S.C. § 1396r-4(b)(3), October 1, 1995;

          (2)  Have a Medicaid utilization rate of at least one percent; and

          (3)  Have at least two obstetricians who have staff privileges at the hospital and have agreed to provide obstetric services to individuals eligible for Medicaid. For purposes of this subdivision, an obstetrician includes any physician with staff privileges who has agreed to perform nonemergency obstetric services to individuals eligible for Medicaid.

          Source: 22 SDR 143, effective May 9, 1996.

          General Authority: SDCL 28-6-1.

          Law Implemented: SDCL 28-6-1.