34-12-39.4. New nursing facility as part of existing facility.
Notwithstanding the provisions of §34-12-39.2, a new nursing facility as defined in§34-12-1.1 may be constructed, operated, and maintained as part of an existing nursing facility licensed under chapter 34-12 if:
(1)The new nursing facility is located within fifteen miles of the existing nursing facility;
(2)The combined bed capacity of both the licensed existing nursing facility and the new nursing facility do not exceed the total number of beds afforded to the existing nursing facility under §34-12-35.4; and
(3)Both the existing nursing facility and the new nursing facility serve medicaid residents and both facilities independently maintain an annual minimum medicaid occupancy rate no less than ten percent below the state-wide average at the time rates are established.
For the purposes of medicaid reimbursement, the facility shall submit a combined annual cost report to include the combined costs for both the existing nursing facility and the new nursing facility. Medicaid reimbursement rates shall be calculated using the combined cost report, and rates will be subject to the ceilings and limitations set forth in rules promulgated pursuant to §28-6-1. The existing facility's medicaid reimbursement rate shall be used to establish the overall ceiling as outlined in rules promulgated pursuant to §28-6-1. The existing nursing facility is limited to construction of one new facility under this section.
Source: SL 2010, ch 170, §3.
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.