67:62:15:08.  Determination of services. The department shall determine if the individual requires the level of services provided by a Medicaid certified swing bed or nursing facility due to the individual's physical or mental condition. If the department determines that an individual requires a Medicaid certified swing bed or nursing facility services, the facility may admit or retain the individual. If the department determines that an individual does not require Medicaid certified swing bed or nursing facility services, the individual may not be admitted.

    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.