34-12-45. Escrow of fees.
Any provider proposing to develop a new continuing care retirement community, which has not previously been in operation in this state, shall establish an escrow account with a bank in this state. Any entrance fees or portions of the entrance fees collected from prospective residents before the commencement of operation of the planned facility shall be deposited in this account. Escrowed deposits may not be released to the provider until completion of construction of the facility as evidenced by certificates of occupancy or other permits to commence operation. Deposits shall be released to prospective residents within thirty days of a receipt of a written notice of cancellation. The provider may retain any accrued interest from canceled deposits and a service fee not to exceed five hundred dollars. A copy of the escrow agreement shall be filed with the director of the Division of Insurance.
Source: SL 1998, ch 206, ยง6.
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.