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State of South Dakota
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NINETY-FOURTH SESSION LEGISLATIVE ASSEMBLY, 2019 |
| 282B0287 | SENATE COMMERCE AND ENERGY ENGROSSED NO. SB 61 - 1/31/2019 |
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Introduced by: Senators Steinhauer, Blare, Bolin, Cronin, Curd, DiSanto, Foster, Greenfield
(Brock), Jensen (Phil), Langer, Monroe, Nelson, Nesiba, Rusch, Schoenbeck,
Smith (VJ), Solano, Stalzer, Sutton, White, and Wismer and Representatives
Gosch, Anderson, Beal, Diedrich, Duba, Greenfield (Lana), Haugaard,
Howard, Lake, Lesmeister, McCleerey, Mills, Milstead, Peterson (Sue),
Qualm, Smith (Jamie), Steele, Wiese, and Willadsen
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FOR AN ACT ENTITLED, An Act to provide certain provisions regarding nursing facility
closures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:
Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases
operation the authorized nursing facility beds from that existing facility will be held available
by the department for eighteen months from date of closure and be available for use by an
organization. The organization shall become licensed pursuant to this chapter before the
organization may operate a nursing facility.
Section 2. That § 34-12-39.2 be amended to read:
34-12-39.2. No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and is required in
Section 2. That § 34-12-39.2 be amended to read:
34-12-39.2. No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and is required in
order to:
(1) Eliminate or prevent imminent safety hazards as defined by federal, state, or local
fire, building, or life safety codes or regulations;
(2) Comply with state licensure standards;
(3) Comply with accreditation or certification standards which shall be met to receive
reimbursement under Title XVIII or XIX of the Social Security Act as amended to
December 31, 2004;
(4) Respond to an emergency situation created by a natural disaster such as tornadoes,
floods, fire, or explosions; or
(5) Improve physical conditions which are related to operational or functional
deficiencies.
The replacement nursing facility shall be located within fifteen miles of the existing facility,
if the existing facility is located in a first-class municipality. If the existing facility is located
outside of a first-class municipality, the replacement facility may be located within sixty miles
of the existing facility.
