(a) This subchapter applies only to a freestanding emergency medical care facility, as that term is defined by § 254.001, that is:
(1) exempt from the licensing requirements of Chapter 254 under § 254.052(5), (7), or (8); and
(2) associated with a hospital licensed under this chapter that does not meet the conditions of participation for certification under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.).
(b) This subchapter does not apply to a freestanding emergency medical care facility associated with a hospital licensed under this chapter that:
(1) has been operating as a hospital for less than one year;
(2) has submitted an application to a federally recognized accreditation program for certification under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.); and
(3) has not failed an accreditation for certification.