(a) A subacute care unit means an identifiable unit of a skilled nursing facility accommodating beds including contiguous rooms, a wing, a floor, or a building that is approved by the Department for such purpose.

(b) In addition to the requirements set forth in subsections (c) through (l) a subacute care unit shall comply with all of the licensing and certification requirements set forth in Title 22, Division 5, otherwise applicable to a skilled nursing facility.

(c) The facility shall accept and retain only those subacute patients for whom it can provide adequate care.

(d) Subacute beds shall not be dual classified as swing beds as they are defined in Section 1339.5 of the Health and Safety Code.

(e) Subacute care units shall employ sufficient nursing staff as follows: freestanding SNFs shall provide a minimum daily average of 3.8 actual licensed nursing hours per patient day and 2.0 actual certified nurse assistant (CNA) hours per patient day; distinct part SNF's shall provide a minimum daily average of 4.0 actual licensed nursing hours per patient day and 2.0 actual CNA hours per patient day. Subacute units that do not utilize CNAs shall employ sufficient licensed nursing staff to provide 4.8 actual licensed nursing hours per patient day.

(f) In providing for the licensed nursing hours requirement in accordance with subsection (e) above, each subacute care unit shall have a minimum of one registered nurse (RN) per shift.

(g) Each RN and LVN shall upon hire provide to the employer evidence of the following: (1) A minimum of six months experience within the past two years working in a general acute care facility; or (2) An acquired equivalent competency appropriate to the type of subacute patient the facility provides care for.

(h) Nursing staff assigned to the subacute care unit shall not be assigned other duties outside of the subacute care unit during any given shift.

(i) The facility shall provide documentation upon request by the Department that the Director of Nursing, and all subacute care staff are participating in an ongoing educational program in accordance with Title 22, California Code of Regulations, Division 5, Section 70213(c), focused on subacute care.

(j) Physician services shall be provided in a subacute care unit in accordance with Title 22, California Code of Regulations, Division 5, Section 72303, with the exception of (b)(1).

(k) The attending physician shall perform an initial evaluation and prepare a written report of physical examination of the patient within 48 hours of admission to the subacute care unit.

(l) The subacute care unit shall provide the required services in accordance with Title 22, California Code of Regulations, Division 5, Section 72301(d).