42 CFR §440.10

1. (a)Inpatient hospital services means services that—
   1. (1)Are ordinarily furnished in a hospital for the care and treatment of inpatients;
   2. (2)Are furnished under the direction of a physician or dentist; and
   3. (3)Are furnished in an institution that—
      1. (i)Is maintained primarily for the care and treatment of patients with disorders other than mental diseases;
      2. (ii)Is licensed or formally approved as a hospital by an officially designated authority for State standard-setting;
      3. (iii)Meets the requirements for participation in Medicare as a hospital; and
      4. (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.
2. (b)Inpatient hospital services do not include SNF and ICF services furnished by a hospital with a swing-bed approval.