An institution or distinct part thereof, which is: 1.
(1)#
Licensed or approved under state law to provide, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing home is designated to provide but who because of their mental or physical condition require care and services above the level of room and board, which can be made available to them only through institutional facilities; and
(2)#
Qualifies as an “intermediate care facility” within the meaning of Title XIX of the social security act.