44:72:01:01.  Geographic area. An eligible proposal for additional nursing facility beds pursuant to SDCL 34-12-35.8 shall specify that the additional beds will be housed in a new or existing nursing facility located in an identified area of need in South Dakota.

          Source: 39 SDR 119, effective January 8, 2013; 42 SDR 51, effective October 13, 2015; 46 SDR 11, effective July 29, 2019.

          General Authority: SDCL 34-12-35.8(2).

          Law Implemented: SDCL 34-12-35.8(2).

          44:72:01:02.  Population to be served. Any new or existing facility requesting additional nursing facility beds shall be either Medicare-certified, Medicaid-certified, or both, or have skilled nursing services available on-site. The skilled services shall be part of the facility's normal delivery of services. No new or existing facility requesting additional nursing facility beds may place any restriction on admissions as part of the facility's admissions agreement, other than those allowed in article 44:04.

          Source: 39 SDR 119, effective January 8, 2013; 46 SDR 11, effective July 29, 2019.

          General Authority: SDCL 34-12-35.8(2).

          Law Implemented: SDCL 34-12-35.8(2).

          44:72:02:01.  Proposed viability. Upon request, any nursing facility that submits a proposal shall include a copy of the facility's audited financial statements. The audited financial statements shall be provided in the form of an independent auditor's report from the most recent fiscal period available. The audited financial statements shall demonstrate the facility's overall financial health and long term financial sustainability.

          Source: 39 SDR 119, effective January 8, 2013; 46 SDR 11, effective July 29, 2019.

          General Authority: SDCL 34-12-35.8(3).

          Law Implemented: SDCL 34-12-35.8(3).

          44:72:03:01.  Local community support allowed. An eligible proposal requesting additional nursing facility beds pursuant to SDCL 34-12-35.8 may contain documentation of local community support for the proposals, including letters of support from health care providers in the service area, local government, and nonprofit associations or organizations.

          Source: 39 SDR 119, effective January 8, 2013; 46 SDR 11, July 29, 2019.

          General Authority: SDCL 34-12-35.8(4).

          Law Implemented: SDCL 34-12-35.8(4).

          44:72:04:01.  Quality assurance requirements. An existing nursing facility that is a candidate for selection as a special focus facility by the Centers for Medicare and Medicaid Services is not eligible to receive additional nursing facility beds. An existing nursing facility that has received a deficiency, as measured by the Centers for Medicare and Medicaid Services, which is considered to be an immediate jeopardy to resident health and safety during the most recent certification or complaint survey is not eligible to receive additional nursing facility beds. An existing nursing facility that is currently operating under a provisional state license is not eligible to receive additional nursing facility beds, unless the provisional license only relates to construction or structural improvements currently in progress. Any facility submitting a proposal shall submit a copy of the facility's quality assurance program. It shall identify the following:

          (1)  The members of the quality assurance committee by position;

          (2)  How often the committee meets:

          (3)  The guiding principles of the committee;

          (4)  Committee member assignments;

          (5)  The process of how the committee identifies concerns, implements corrective action, and monitors progress; and

          (6)  The methods that employees can use to submit quality improvement ideas to the committee.

          Source: 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-12-35.8(5).

          Law Implemented: SDCL 34-12-35.8(5).

          44:72:05:01.  Workforce plan. An eligible proposal requesting additional nursing facility beds pursuant to SDCL 34-12-35.8 shall contain a detailed workforce plan that outlines how the nursing facility will meet the facility's workforce needs.

          Source: 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-12-35.8(7).

          Law Implemented: SDCL 34-12-35.8(7).

          44:72:05:02.  Nurse aide training program. An eligible proposal shall include a nursing facility-based certified nurse aid training program, or an acceptable alternative.

          Source: 39 SDR 119, effective January 8, 2013.

          General Authority: SDCL 34-12-35.8(7).

          Law Implemented: SDCL 34-12-35.8(7).