South Dakota Codified Laws
Chapter 12 - Regulation Of Hospitals And Related Institutions
Section 34-12-40 - Continuing care agreement defined.

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 34-12-5 - Application for license--Contents--Issuance of license--Denial--Contesting the denial.

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 34-12-8.1 - Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation.

Section 34-12-9 - License not transferable.

Section 34-12-11.1 - Disclosure of public reimbursement rates required of nursing homes and related institutions.

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 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

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 34-12-15.3 - Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.

Section 34-12-15.5 - Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.

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 34-12-16 - Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.

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 34-12-30 - Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.

Section 34-12-31 - No charge against resident funds for services paid under medical assistance program.

Section 34-12-32 - Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor.

Section 34-12-33 - Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.

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 34-12-35.7 - Annual consideration of need for additional nursing facility beds or new nursing facilities .

Section 34-12-35.8 - Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.

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 34-12-35.11 - Annual report to legislative committees on need for additional nursing facility beds or nursing facilities.

Section 34-12-35.12 - Regional nursing facility--Designation.

Section 34-12-37 - Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities.

Section 34-12-38 - Interest of Department of Social Services in funds of deceased resident receiving medical assistance.

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 34-12-49 - Use of state funds to construct nursing facility on American Indian reservation prohibited.

Section 34-12-50 - Court order for medical treatment of disabled adult under treatment by spiritual means.

Section 34-12-51 - Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability.

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 34-12-55 - Each facility to meet requirements of one of designated levels of trauma hospital.

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 34-12-65 - Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions.

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.