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outpatient payment percentage will be established at the statewide weighted average of inpatient per-day rates and outpatient payment percentages of general acute care and specialty hospitals in accordance with this section for the most recent 12 months of permanent rates; patient rates are the statewide weighted average using the base year’s patient days and the outpatient percentages are the statewide weighted average using the base year’s outpatient charges;

(2) for an inpatient psychiatric hospital, or a separately licensed or certified psychiatric unit in a general acute care hospital, the inpatient per-day rate will be established at the statewide weighted average of inpatient per-day rates of psychiatric hospitals in accordance with this section for the most recent 12 months of permanent rates; rates are the statewide weighted average using the base year’s patient days;

(3) for long-term care facilities, the rate is the sum of the

(A) swing-bed rate in effect at the start of the facility’s rate year, less the average capital costs contained in the swing-bed rate; and

(B) capital costs identified by the new facility, subject to the limitations described in 7 AAC 150.170, using the greater of occupancy rates approved in the certificate of need or 80 percent of licensed beds;

(4) rates for a new facility, a new separately licensed or certified psychiatric unit in a general acute care hospital, or a new provider subject to the per-day prospective payment system will be established under (b) — (h) of this section after two full fiscal years of cost data, timely filed with the department in accordance with 7 AAC 150.130(c), is reported. (j) The department will determine a rate of payment for ambulatory surgical centers based on the federal Medicare ambulatory surgical center payment rates for federal fiscal year 2000, adopted by reference in 7 AAC 160.900, and as adjusted annually by the adjustment factors in 7 AAC 150.150. (k) The department will determine a rate of payment for swing-bed services in accordance with 42 C.F.R. 447.280, adopted by reference in 7 AAC 160.900. (l) Prospective payment rates for facilities that are calculated and paid on a per-day rate basis will be set at a level no greater than the per-day rates proposed in the certificate of need application and other information the applicant provided as a basis for approval of the certificate of need for the first year. The limitation set out in this subsection applies for the first year and for the two years immediately following the first year that at least one of the following events occurs:

(1) opening of the new or modified health care facility;

(2) alteration of the bed capacity;

(3) the implementation date of a change in offered categories of health service or bed capacity. (m) The per-day rates calculated under this section may not exceed corresponding charges