34-12-39.2. New nursing facilities--Limitations--Requirements.
No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and has met at least one of the following requirements to:
(1)Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;
(2)Comply with state licensure standards;
(3)Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;
(4)Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions;
(5)Improve physical conditions which are related to operational or functional deficiencies; or
(6)Consolidate, merge, or join another health care or long-term service provider.
The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility.
Source: SL 2005, ch 180, §2; SL 2019, ch 143, §2; SL 2020, ch 141, § 1.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 12 - Regulation Of Hospitals And Related Institutions
Section 34-12-1.1 - Definition of terms.
Section 34-12-2 - License required to operate institution.
Section 34-12-2.1 - Unlicensed institutions ineligible for state or federal funds.
Section 34-12-3 - Licensed child welfare agencies exempt from chapter.
Section 34-12-4 - Lodging establishments exempt from chapter.
Section 34-12-6 - Amount of license fee--Disposition.
Section 34-12-7 - Department of Health authorized to issue licenses--Promulgation of rules.
Section 34-12-8 - Provisional licenses--Circumstances under which issued.
Section 34-12-9 - License not transferable.
Section 34-12-11.2 - Visitation of patients and residents--Required post.
Section 34-12-12 - Lodging and food service laws not applicable to licensees.
Section 34-12-13 - Rules to protect patients' health and safety.
Section 34-12-14 - Application of regulations and standards to Christian Science institution.
Section 34-12-15.1 - Handling of residents' funds by nursing homes--Definition of terms.
Section 34-12-15.2 - Residents' funds kept separate--Free from facility's liabilities.
Section 34-12-15.6 - Records required on residents' funds--Form--Receipts kept.
Section 34-12-15.7 - Records of residents' funds available for audit.
Section 34-12-15.8 - Noncompliance as ground for revocation of administrator's license.
Section 34-12-15.9 - Surrender of funds on discharge of resident--Time allowed.
Section 34-12-15.10 - Escheat of unclaimed funds of deceased resident--Notice and transfer to state.
Section 34-12-17 - Information received by department confidential--Disclosure.
Section 34-12-18 - Unlicensed operation as misdemeanor.
Section 34-12-19 - Grounds for suspension or revocation of license.
Section 34-12-20 - Procedure for suspension or revocation of license.
Section 34-12-21 - New license issued after suspension or revocation.
Section 34-12-22 - Appeal from department.
Section 34-12-29 - Promulgation of rules regarding nurse aide registration.
Section 34-12-34 - Failure to register--Notice--Closure.
Section 34-12-35.4 - Number of beds in nursing facility.
Section 34-12-35.5 - Access critical nursing facilities.
Section 34-12-35.6 - Redistribution of existing nursing facility beds.
Section 34-12-35.9 - Authorization to increase number of nursing facility beds.
Section 34-12-35.10 - Nursing facility beds at Michael J. Fitzmaurice Veterans Home.
Section 34-12-35.12 - Regional nursing facility--Designation.
Section 34-12-39.2 - New nursing facilities--Limitations--Requirements.
Section 34-12-39.4 - New nursing facility as part of existing facility.
Section 34-12-39.5 - Authorization to construct new nursing facility.
Section 34-12-39.6 - Closure of existing nursing facility--Availability of authorized beds.
Section 34-12-39.7 - Authorization to construct new nursing facility in Moody County.
Section 34-12-39.8 - Authorization to construct new nursing facility in Lyman County.
Section 34-12-40 - Continuing care agreement defined.
Section 34-12-41 - Entrance fee defined.
Section 34-12-42 - Continuing care retirement community defined.
Section 34-12-43 - Agreements--Exemptions--Insurance.
Section 34-12-44 - Information to be provided.
Section 34-12-45 - Escrow of fees.
Section 34-12-46 - Construction--Fees.
Section 34-12-47 - Notification of escrow accounts.
Section 34-12-52 - Definition of terms related to trauma care system.
Section 34-12-53 - Trauma care system and statewide trauma registry.
Section 34-12-54 - Promulgation of rules regarding trauma care system.
Section 34-12-56 - Nursing facility construction on American Indian reservations.
Section 34-12-56.2 - Nursing facility on Cheyenne River Indian Reservation.
Section 34-12-57 - Services of licensed birth center.
Section 34-12-58 - Location of birth center.
Section 34-12-59 - License required to operate birth center.
Section 34-12-60 - Facilities exempt from birth center license requirements.
Section 34-12-61 - Application for birth center license.
Section 34-12-62 - Promulgation of rules for birth centers.
Section 34-12-63 - Risk assessment system for birth centers.
Section 34-12-64 - Certain medical foster homes for veterans exempt from chapter.
Section 34-12-66 - Mammogram reports required to include information on breast density.
Section 34-12-67 - Assisted living facility--Resident--Visitation rights.
Section 34-12-68 - Visitation policies and procedures--Limitations and restrictions--Notice--Review.
Section 34-12-69 - Guidance documents--Visitation--Posting requirement.