Sec. 4. (a) As used in this chapter, "hospital" means either of the following:
(1) A hospital (as defined in IC 16-18-2-179(b)) licensed under this article.
(2) A private psychiatric hospital licensed under IC 12-25.
(b) The term does not include the following:
(1) A state mental health institution operated under IC 12-24-1-3.
(2) A hospital:
(A) designated by the Medicaid program as a long term care hospital;
(B) that has an average inpatient length of stay that is greater than twenty-five (25) days, as determined by the office of Medicaid policy and planning under the Medicaid program;
(C) that is a Medicare certified, freestanding rehabilitation hospital; or
(D) that is a hospital operated by the federal government.
(c) As used in this section, "physician owned hospital" means an acute care hospital licensed under IC 16-21-2 that has:
(1) physician ownership; or
(2) ownership by a legal entity with one hundred percent (100%) physician ownership;
or ownership described in both subdivisions (1) and (2), and such ownership of the hospital is at least fifty-one percent (51%).
(d) The office may, subject to approval from the United States Department of Health and Human Services, exclude any of the following from the term for purposes of this chapter:
(1) A physician owned hospital.
(2) A class of hospitals, as determined by the office.