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 beds from that existing facility shall be held available by the department
for eighteen months from the date the facility closes and shall be available for use by an entity
licensed to operate a nursing facility pursuant to this chapter.
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:
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 must be located within sixty miles of the
An Act to provide certain provisions regarding nursing facility closures.
existing facility.
An Act to provide certain provisions regarding nursing facility closures.
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I certify that the attached Act originated in the
SENATE as Bill No. 61
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 61 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
