104 • When these terms refer to a person who is receiving medical care:  I npatient means a person who is confined in a facility as a registered bed patient and is being charged a fee for inpatient room and board; and  Outpatient means a person who is not so confined. Intensive Care Unit means only a separate, clearly designated service section that is part of an Acute Care Hospital and that meets all of the following tests: • It is solely for treatment of patients who are in a critical condition; • It provides constant special nursing care and observation not available in the other s ections of the hospital; • It contains special life - saving equipment that is ready for immediate use; • It contains at least two beds for critically ill patients; • It has, at all times, at least one registered Nurse who is in constant attendance; and • It meet s the standards set for an Intensive Care Unit by the Joint Commissi on on Accreditation of Healthcare Organizations. The term Intensive Care Unit shall include a burn unit or a cardiac care unit that meets all of the above tests. The term shall not include a unit for intensive alcoholism, drug or chemical dependence, or psychiatric treatment. Intensive Outpatient Therapy means distinct levels or phases of treatment that are provided by a certified/licensed Mental Health or Substance Abuse Treatment program. Intensive Outpatient Therapy programs typically provide a combination of individual, family, and/or group therapy in a day, totaling nin e (9) or more hours in a week. Medically necessary with respect to each service or supply means that the service or su pply meets all of the following tests: • It is rendered for the treatment or diagnosis of an injury or illness, including premature birth, congenital defects, and birth defects; • It is appropriate for the symptoms, consistent with the diagnosis, and is other wise in accordance with generally accepted medical practice and Professionally Recognized Standards; • It is not mainly for the convenience of the participant or the participant’s physician or other provider; • It is the most appropriate supply or level of service needed to provide safe and adequate care. When applied to con finement in a hospital or other facility, this test means that the participant needs to be confined as an inpatient due to the nature of the services rendered or due to the participant’s condition and that the participant cannot receive safe and adequate c are through Outpatient treatment. Medicare means the health insurance benefits provided under Title XVIII of the Social Security Act, as amended in 1965 . Mental Health Services are the s ervices that are required to treat a disorder that impairs behavior, emotional reaction, or thought processes, but not including substance abuse, and not including learning, behavioral, and developmental disorders. In determining benefits payable, charges made for the treatment of any physiological conditions related to men tal health will not be considered to be charges made for t he treatment of mental health.