FOR AN ACT ENTITLED, An Act to  create a health care access and preservation trust fund and to provide that earnings from the fund be used for certain health care purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 28-6-33 be amended to read as follows:
     28-6-33.   There is hereby established in the state treasury a fund known as the intergovernmental transfer health care access and preservation trust fund. The fund shall include revenue received from publicly owned and operated nursing facilities for remittance to the fund under §  28-6-31. The department shall administer the fund and shall adopt procedures for participation by publicly owned and operated nursing facilities. All moneys designated for the fund from whatever source derived shall be deposited with the state treasurer in the intergovernmental transfer health care access and preservation trust fund , except for dollars appropriated by the Legislature for fiscal year 2002 for the neuromuscular program, the diabetes screening program, and the purchase of public access defibrillation equipment . The principal in the trust fund may not be expended except by a two-thirds majority vote of each house of the

Legislature.

The amounts in the intergovernmental transfer fund shall be invested pursuant to § §  4-5-23 and 4-5-26 and the earnings shall be deposited in the intergovernmental transfer health care access and preservation interest fund.
     Section  2.  That chapter 28-6 be amended by adding thereto a NEW SECTION to read as follows:

     The health care access and preservation interest fund is established in the state treasury. The fund shall be invested according to § §  4-5-23 and 4-5-26. The investment earnings of the fund shall be credited to the fund. The money in the fund shall be appropriated by the Legislature to fund health care related uses.
     Section  3.  That § 28-6-31 be amended to read as follows:
     28-6-31.   Each publicly owned and operated nursing facility participating under the provisions of § §  28-6-28 to 28-6-36, inclusive, immediately upon receiving a payment under §  28-6-30, shall remit the amount of that payment, less a transaction fee, to the department for credit to:

             (1)      The intergovernmental transfer health care access and preservation trust fund in an amount equal to the applicable federal medical assistance percentage times the total remittance to the department, less the transaction fee; and

             (2)      The department's other funds for all remaining amounts.
     Section  4.  That § 28-6-35 be amended to read as follows:
     28-6-35.   The department may promulgate rules pursuant to chapter 1-26 for the administration of § §  28-6-28 to 28-6-36, inclusive. The rules may include criteria for establishing, funding, and administering the pool, criteria for participation in the intergovernmental transfer, penalties for failing to immediately remit the funds to the department, criteria for the transfer of funds, the establishment of transaction fees, and other policies to facilitate the administration of the intergovernmental transfer health care access and preservation

trust

fund or , the funding pool , and the health care access and preservation interest fund .
     Section  5.  That § 28-6-36 be amended to read as follows:
     28-6-36.   Sections 28-6-28 to 28-6-36 28-6-35 , inclusive, and section 2 of this Act do not create an entitlement to any funds. The department may disburse funds to the extent funds are available and, within its discretion, to the extent such appropriations are approved.