CHAPTER 34-12G
RURAL HEALTH CARE RECRUITMENT ASSISTANCE
34-12G-1 Program to assist rural communities recruit health care professionals.
34-12G-2 Eligible rural communities.
34-12G-3 Eligible health care professionals.
34-12G-4 Incentive payment.
34-12G-5 Rural community agreement for payment of recruitment assistance.
34-12G-6 Appropriation of funds.
34-12G-7 Agreement to be approved by secretary of health.
34-12G-8 Restrictions on participation.
34-12G-9 Program participant to be medical assistance provider.
34-12G-10 Program to assist rural health care facilities recruiting health care professionals.
34-12G-11 Rural health care facility recruitment program--Eligible facilities.
34-12G-12 Eligible health care professionals.
34-12G-13 Incentive payment.
34-12G-14 Rural health care facility agreement for payment of recruitment assistance.
34-12G-15 Agreement to be approved by secretary of health.
34-12G-16 Restrictions on participation.
34-12G-17 Participating rural health care facility to be medical assistance provider.
34-12G-1. Program to assist rural communities recruit health care professionals.
The Department of Health may establish a program to assist rural communities in recruiting physicians, dentists, physician assistants, certified nurse practitioners, and certified nurse midwives.
Source: SL 2012, ch 179, § 1; SL 2017, ch 171, § 50.
34-12G-2. Eligible rural communities.
A rural community eligible to participate in the recruitment assistance program is any community in this state which:
(1) Has a population of ten thousand persons or less;
(2) Agrees to provide its portion of the incentive payment pursuant to the provisions of §§ 34-12G-1 to 34-12G-9, inclusive; and
(3) Is determined to be eligible by the Department of Health.
Before making a determination of eligibility, the Department of Health shall conduct a community assessment designed to evaluate the community's need for eligible providers and its ability to sustain and support the additional providers. The department shall maintain a list of communities which have been assessed and which are eligible for participation in the recruitment assistance program established by §§ 34-12G-1 to 34-12G-9, inclusive. The department may revise any community assessment or conduct a new assessment as necessary to reflect any change in conditions within a community.
Source: SL 2012, ch 179, § 2.
34-12G-3. Eligible health care professionals.
A physician is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, if the physician is licensed to practice medicine pursuant to chapter 36-4 and has completed an accredited residency program in family practice, pediatrics, internal medicine, or obstetrics/gynecology, and if the physician agrees to practice in an eligible rural community for a minimum period of three years. No more than fifteen physicians may participate in the program at any specified time. Preference shall be given to physicians who have graduated from the University of South Dakota School of Medicine and completed an accredited residency program located in South Dakota.
A dentist is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, if the dentist is licensed to practice dentistry pursuant to chapter 36-6A and agrees to practice general or pediatric dentistry in an eligible rural community for a minimum period of three years. No more than five dentists may participate in the program at any specified time.
A physician assistant, certified nurse practitioner, or certified nurse midwife is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, if the physician assistant, certified nurse practitioner, or certified nurse midwife is licensed to practice pursuant to chapter 36-4A or chapter 36-9A, respectively, and has completed an accredited physician assistant, certified nurse practitioner, or certified nurse midwife program and if the person agrees to practice as a primary care physician assistant, family certified nurse practitioner, or certified nurse midwife in an eligible rural community for a minimum period of three years.
A certified registered nurse anesthetist is eligible to participate in the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, if the nurse is authorized to practice the nursing specialty of nurse anesthesia, as described in § 36-9-3.1, and agrees to practice as a certified registered nurse anesthetist in an eligible rural community for a minimum period of three years.
No more than a cumulative total of fifteen physician assistants, certified nurse practitioners, certified nurse midwives, or certified registered nurse anesthetists may participate in the program at any specified time.
Source: SL 2012, ch 179, § 3; SL 2017, ch 171, § 50; SL 2021, ch 143, § 1.
34-12G-4. Incentive payment.
A physician or dentist who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota School of Medicine resident tuition for the four most recently completed academic years.
A physician assistant, certified nurse practitioner, or certified nurse midwife who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, is entitled to receive an incentive payment in an amount equal to twice the University of South Dakota resident tuition for physician assistant studies for the three most recently completed academic years.
Source: SL 2012, ch 179, § 4; SL 2017, ch 171, § 50.
34-12G-5. Rural community agreement for payment of recruitment assistance.
Any agreement for the payment of recruitment assistance pursuant to §§ 34-12G-1 to 34-12G-9, inclusive, shall obligate the rural community to be served by a physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife to provide a portion of the total amount of the incentive payment, based on the following criteria: communities of two thousand five hundred persons or less shall provide twenty-five percent of incentive payments; communities of more than two thousand five hundred persons and less than five thousand persons shall provide fifty percent of incentive payments; and all remaining eligible communities shall provide seventy-five percent of incentive payments. When the rural community certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of the Department of Health shall pay to the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife the remaining balance of the total incentive payment amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive payment shall be paid upon completion of the required three-year practice period by the physician, dentist, physician assistant, certified nurse practitioner, or certified nurse midwife. However, a community may pay its portion of the incentive payment at any time during the three-year period.
Source: SL 2012, ch 179, § 5; SL 2017, ch 171, § 50.
34-12G-6. Appropriation of funds.
Any municipality or county may appropriate funds for the purpose of carrying out the provisions of §§ 34-12G-1 to 34-12G-9, inclusive.
Source: SL 2012, ch 179, § 6.
34-12G-7. Agreement to be approved by secretary of health.
No recruitment assistance agreement entered into pursuant to the provisions of §§ 34-12G-1 to 34-12G-9, inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the format of the agreements and procedures for approval.
Source: SL 2012, ch 179, § 7.
34-12G-8. Restrictions on participation.
No person may participate in the program established pursuant to the provisions of §§ 34-12G-1 to 34-12G-9, inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area.
Source: SL 2012, ch 179, § 8.
34-12G-9. Program participant to be medical assistance provider.
Any person participating in the program established pursuant to the provisions of §§ 34-12G-1 to 34-12G-9, inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any individual eligible under chapter 28-6 and may not refuse treatment to any such individual while participating in the program.
Source: SL 2012, ch 179, § 9.
34-12G-10. Program to assist rural health care facilities recruiting health care professionals.
The Department of Health may establish a program to assist rural health care facilities in recruiting eligible health care professionals as defined pursuant to § 34-12G-12.
Source: SL 2012, ch 180, § 1.
34-12G-11. Rural health care facility recruitment program--Eligible facilities.
A rural health care facility is eligible to participate in the recruitment assistance program if the facility:
(1) Is located in a community with a population of ten thousand or less;
(2) Is:
(a) Licensed pursuant to chapter 34-12;
(b) A dental practice; or
(c) Certified under Title XVIII or XIX of the Social Security Act as amended through December 31, 2011; and
(3) Agrees to provide its portion of the recruitment assistance payment payable to a health care professional who practices in the health care facility as required by §§ 34-12G-10 to 34-12G-17, inclusive.
A rural health care facility may have up to three eligible health care professionals per year participate in the program.
Source: SL 2012, ch 180, § 2; SL 2023, ch 116, § 1.
34-12G-12. Eligible health care professionals.
A health care professional is eligible to participate in the recruitment assistance program, established pursuant to §§ 34-12G-10 to 34-12G-17, inclusive, if the health care professional is licensed or certified to practice in his or her profession in South Dakota and agrees to practice full time in an eligible rural health care facility for a minimum period of three years. No more than sixty health care professionals may participate in the program each year. The Department of Health shall promulgate rules pursuant to chapter 1-26 to specify those health care professionals eligible to receive incentive payments under this recruitment assistance program.
Source: SL 2012, ch 180, § 3.
34-12G-13. Incentive payment.
A health care professional who fulfills the requirements of the recruitment assistance program established pursuant to §§ 34-12G-10 to 34-12G-17, inclusive, is entitled to receive an incentive payment not to exceed ten thousand dollars.
Source: SL 2012, ch 180, § 4.
34-12G-14. Rural health care facility agreement for payment of recruitment assistance.
Any agreement for the payment of recruitment assistance pursuant to §§ 34-12G-10 to 34-12G-17, inclusive, shall obligate the rural health care facility employing the health care professional to provide a portion of the total amount of recruitment incentives based on the following criteria: rural health care facilities in communities of two thousand five hundred persons or less shall provide twenty-five percent of recruitment incentive payments, and rural health care facilities in communities of greater than two thousand five hundred persons shall provide fifty percent of recruitment incentive payments. When the rural health care facility certifies to the secretary of health that it has paid the full amount for which it is obligated, the secretary of health shall pay to the health care professional the remaining balance of the total incentive amount. The secretary shall pay the required amount out of funds appropriated by the Legislature for such purpose. The incentive shall be paid upon the health care professional's completion of the required three-year practice period. However, a rural health facility may pay its portion of the incentive at any time during the three-year period.
Source: SL 2012, ch 180, § 5.
34-12G-15. Agreement to be approved by secretary of health.
No recruitment assistance agreement entered into pursuant to the provisions of §§ 34-12G-10 to 34-12G-17, inclusive, is effective until it is filed with and approved by the secretary of health. The secretary may prescribe the form of the agreements and procedures for approval by rules promulgated pursuant to chapter 1-26.
Source: SL 2012, ch 180, § 6.
34-12G-16. Restrictions on participation.
No person may participate in the program established pursuant to the provisions of §§ 34-12G-10 to 34-12G-17, inclusive, if the person has previously participated in such program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program which obligates the person to provide medical services within an underserved area.
Source: SL 2012, ch 180, § 7.
34-12G-17. Participating rural health care facility to be medical assistance provider.
Any rural health care facility participating in the program established pursuant to the provisions of §§ 34-12G-10 to 34-12G-17, inclusive, shall agree to be a participating South Dakota medical assistance provider and to serve any person eligible under chapter 28-6 and may not refuse treatment to any such person while participating in the program.
Source: SL 2012, ch 180, § 8.
