67:62:15:04.  Exempt hospital discharge. An individual is exempt from a preadmission screening and resident review (PASRR) following a hospital discharge if:

    (1)  The individual is admitted to a Medicaid certified swing bed or nursing facility, directly from a hospital, after receiving acute inpatient care at the hospital;

    (2)  The individual requires Medicaid certified swing bed or nursing facility services for the condition that required care in the hospital; and

    (3)  The individual's attending physician has certified, before admission to the Medicaid certified swing bed or nursing facility, that the individual is likely to require less than thirty calendar days of Medicaid certified swing bed or nursing facility services.

    If an individual enters a Medicaid certified swing bed or nursing facility as an exempt hospital discharge and is later found to require more than thirty days of nursing care, the facility must request a PASRR prior to the expiration of that thirty days.

    Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.

    General Authority: SDCL 1-36-25.

    Law Implemented: SDCL 1-36-25.