(a) The secretary for aging and disability services shall, upon application of a rural emergency hospital, grant a physical environment waiver for existing nursing facilities to such rural emergency hospital to transition not more than 10 swing beds to skilled nursing facility beds, if such rural emergency hospital:
(1) Is currently licensed as a rural emergency hospital pursuant to the rural emergency hospital act;
(2) was licensed as a hospital immediately prior to the rural emergency hospital's licensure as a rural emergency hospital; and
(3) during such rural emergency hospital's licensure as a hospital, such rural emergency hospital provided skilled nursing facility services or critical access hospital swing bed services to patients for at least 12 months without a finding of immediate jeopardy.
(b) As used in this section:
(1) "Critical access hospital" means the same as defined in K.S.A. 65-468 , and amendments thereto.
(2) "Hospital" means the same as defined in K.S.A. 65-425 , and amendments thereto.
(c) This section shall be a part of and supplemental to the rural emergency hospital act.