34-12-11.1 Disclosure of public reimbursement rates required of nursing homes and related institutions.
34-12-12 Lodging and food service laws not applicable to licensees.
34-12-13 Rules to protect patients' health and safety.
34-12-14 Application of regulations and standards to Christian Science institution.
34-12-15 Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.
34-12-15.1 Handling of residents' funds by nursing homes--Definition of terms.
34-12-15.2 Residents' funds kept separate--Free from facility's liabilities.
34-12-15.3 Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.
(1) "Ambulatory surgery center," any facility which is not part of a hospital and which is not an office of a dentist, whether for individual or group practice, in which surgical procedures requiring the use of general anesthesia are performed upon patients;
(2) "Assisted living center," any institution, rest home, boarding home, place, building, or agency which is maintained and operated to provide personal care and services which meet some need beyond basic provision of food, shelter, and laundry;
(3) "Chemical dependency treatment facility," any facility which provides a structured inpatient treatment program for alcoholism or drug abuse;
(4) "Health care facility," any institution, birth center, ambulatory surgery center, chemical dependency treatment facility, hospital, nursing facility, assisted living center, rural primary care hospital, adult foster care home, inpatient hospice, residential hospice, freestanding emergency care facility, community living home, place, building, or agency in which any accommodation is maintained, furnished, or offered for the hospitalization, nursing care, or supervised care of the sick or injured;
(5) "Hospital," any establishment with an organized medical staff with permanent facilities that include inpatient beds and is primarily engaged in providing by or under the supervision of physicians, to inpatients, any of the following services: diagnostic or therapeutic services for the medical diagnosis, treatment, or care of injured, disabled, or sick persons; obstetrical services including the care of the newborn; or rehabilitation services for injured, disabled, or sick persons. In no event may the inpatient beds include nursing facility beds or assisted living center beds unless the same are licensed as such pursuant to this chapter;
(6) "Nursing facility," any facility which is maintained and operated for the express or implied purpose of providing care to one or more persons whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician on a twenty-four hour per day basis; or a facility which is maintained and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who do not require the degree of care and treatment which a hospital is designed to provide, but who because of their mental or physical condition require medical care and health services which can be made available to them only through institutional facilities;
(7) "Critical access hospital," any nonprofit or public hospital providing emergency care on a twenty-four hour basis located in a rural area which has limited acute inpatient services, focusing on primary and preventive care, and which has in effect an agreement with a general hospital that provides emergency and medical backup services and accepts patient referrals from the critical access hospital. For the purposes of this subdivision, a rural area is any municipality of under fifty thousand population;
(8) "Adult foster care home," a family-style residence which provides supervision of personal care, health services, and household services for no more than four aged, blind, physically disabled, developmentally disabled, or socially-emotionally disabled adults;
(9) "Inpatient hospice," any facility which is not part of a hospital or nursing home which is maintained and operated for the express or implied purpose of providing all levels of hospice care to terminally ill individuals on a twenty-four hour per day basis;
(10) "Residential hospice," any facility which is not part of a hospital or nursing home which is maintained and operated for the express or implied purpose of providing custodial care to terminally ill individuals on a twenty-four hour per day basis;
(11) "Birth center," any health care facility at which a woman is scheduled to give birth following a normal, uncomplicated pregnancy, but does not include a hospital or the residence of the woman giving birth;
(12) "Freestanding emergency medical care facility," any facility structurally separate and distinct from a hospital that directly receives a person and provides emergency medical care;
(13) "Community living home," any family-style residence whose owner or operator is engaged in the business of providing individualized and independent residential community living supports for compensation to at least one unrelated adult, but no more than four adults, and provides one or more regularly scheduled health related services, either administered directly or in collaboration with an outside health care provider. This term does not include any setting which is certified or accredited through chapter 34-20A, title 27A, or title 27B.
No person, partnership, limited liability company, association, or corporation may establish, conduct, or maintain in the State of South Dakota, any health care facility or related institution for the hospitalization or care, or both, of human beings without first obtaining a license from the South Dakota Department of Health in the manner provided in this chapter. The term, corporation, as used in this chapter means public and municipal corporations as well as private corporations.
34-12-2.1. Unlicensed institutions ineligible for state or federal funds.
No state or federal funds passing through the state treasury may be paid to a health care facility or related institution which does not have a license issued by the State Department of Health under this chapter.
Source: SL 1986, ch 278, § 14.
34-12-3. Licensed child welfare agencies exempt from chapter.
The provisions of this chapter do not apply to any state institution, children's home, association or institution having the care of children or pregnant women under its control, which is required to be licensed or registered by the Department of Social Services under chapter 26-6.
34-12-5. Application for license--Contents--Issuance of license--Denial--Contesting the denial.
Any applicant desiring a license or a license renewal shall file with the State Department of Health an application verified under oath and in a form prescribed by the department. The application shall contain the following:
(1) The name and address of the applicant and operator;
(2) If a firm or corporation, the names and addresses of the principal officers; or if a corporate body, the name of the state under whose laws the corporation is organized;
(3) A description of the facility to include the address and whether the facility is owned, leased, or subleased. A true copy of the lease or sublease shall be attached to the application;
(4) A certification of consent to allow inspections of the health care facility by authorized department inspectors upon presentation of identification during the hours of operation;
(5) Satisfactory evidence of the applicant's ability to comply with the minimum standards of this chapter; and
(6) Any other information which the secretary of the Department of Health considers necessary.
The department shall issue a license to the applicant when it is satisfied that the facts set forth in the application are true and complete and in accordance with the provisions in this chapter and the rules promulgated thereunder. The department may refuse to issue a license upon any of the grounds stated in § 34-12-19. Upon denial, the department shall advise the applicant of the reasons for denial. The applicant may contest the denial pursuant to chapter 1-26.
Any application for a license to operate a health care facility shall be accompanied by a fee. The annual license fee established for each licensure category of health care facilities shall be as follows:
(1) Nursing facility:
(a) Fifty beds or less, six hundred dollars;
(b) Fifty-one to one hundred beds, inclusive, nine hundred dollars;
(c) One hundred one to one hundred fifty beds, inclusive, one thousand two hundred dollars;
(d) One hundred fifty-one or more beds, one thousand five hundred dollars;
(2) Assisted living center:
(a) Sixteen beds or less, one hundred fifty dollars;
(b) Seventeen to fifty beds, inclusive, three hundred dollars;
(c) Fifty-one to one hundred beds, inclusive, four hundred fifty dollars;
(d) One hundred one or more beds, six hundred dollars;
(a) Twenty-five beds or less, one thousand dollars;
(b) Twenty-six to fifty beds, inclusive, one thousand five hundred dollars;
(c) Fifty-one to one hundred beds, inclusive, two thousand dollars;
(d) One hundred one to one hundred fifty beds, inclusive, three thousand dollars;
(e) One hundred fifty-one to two hundred beds, inclusive, four thousand dollars;
(f) Two hundred one or more beds, five thousand dollars;
(4) Ambulatory surgery center, five hundred dollars;
(5) Chemical dependency treatment facility:
(a) Sixteen beds or less, one hundred fifty dollars;
(b) Seventeen to fifty beds, inclusive, three hundred dollars;
(c) Fifty-one or more beds, four hundred fifty dollars;
(6) Inpatient and residential hospice, two hundred dollars;
(7) Freestanding emergency medical care facility, five hundred dollars;
(8) Community living home, one hundred fifty dollars.
No such fee may be refunded. All fees received by the Department of Health under the provisions of this chapter shall be paid into the general fund.
34-12-7. Department of Health authorized to issue licenses--Promulgation of rules.
The State Department of Health may issue licenses to operate a health care facility or related institutions as defined in § 34-12-1.1 which, after application and inspection, are found to comply with the provisions of this chapter, and the rules adopted by the State Department of Health. Provision may be made for annual or biennial licenses, prorated license fees, and multiple licenses for health care facilities providing different levels of care and services to patients. To implement this section, the State Department of Health may promulgate rules pursuant to chapter 1-26.
34-12-8. Provisional licenses--Circumstances under which issued.
The State Department of Health may issue a provisional license when an applicant or licensee under this chapter fails to comply with the established standards but signifies an intention to remedy such fault. Such provisional license shall state on its face the conditions under which it is granted and the period of time for which it is issued. A provisional license may also be issued, when an application for license is found to be in order, to cover the maintenance of such institution until inspection can be completed and a regular license issued.
34-12-8.1. Probationary licenses--Circumstances under which issued--Issuance of regular license after inspection--Certain new admissions prohibited during probation.
The State Department of Health may issue a probationary license if a licensee under this chapter fails to comply with the provisions of this chapter and if a hearing is pending on licensure suspension or revocation as provided in § 34-12-19. Upon issuance of a probationary license and prior to a suspension or revocation proceeding, the licensee may request an inspection by the department. If the department inspects the facility and if the facility meets the provisions of this chapter, the department shall issue a regular license under § 34-12-7. A nursing facility or assisted living center which has been issued a probationary license is prohibited from accepting new admissions during the period of probationary licensure.
34-12-11.1. Disclosure of public reimbursement rates required of nursing homes and related institutions.
All nursing homes, homes for the aged, and related institutions shall disclose all reimbursement rates established by the Department of Social Services under the medical assistance program upon request of any person.
Source: SDCL, § 34-12-7 as added by SL 1978, ch 248; SL 1980, ch 238, § 21.
34-12-12. Lodging and food service laws not applicable to licensees.
No licensee under the provisions of this chapter shall be required to be licensed or inspected under the laws of this state relative to lodging or food service establishments.
34-12-13. Rules to protect patients' health and safety.
The State Department of Health may promulgate rules, pursuant to chapter 1-26, which are necessary to protect the health and safety of patients cared for in licensed health care facilities. The regulations may be in regard to the following areas:
(1) Sanitary and safe conditions of the premises;
(2) Cleanliness of operation;
(3) Fire safety and construction;
(4) Physical equipment found necessary and in the public interest;
(5) Management and administration;
(6) Physician's services;
(7) Nursing and related care;
(8) Dietetic services;
(9) Medication control;
(11) Diagnostic services;
(12) Hospital complementary services;
(13) Long-term care diversionary services;
(14) Patient safety and health;
(15) Residents' rights in nursing homes and assisted living centers.
34-12-14. Application of regulations and standards to Christian Science institution.
No regulations may be made, or standards established, under this chapter for any health care facility or related institution conducted in accordance with the practices and principles of the body known as the Church of Christ, Scientist except as to the sanitary and safe condition of the premises, cleanliness of operation, and its physical equipment.
34-12-15. Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.
All superintendents, or managers, or other persons in charge of hospitals, lying-in, or other institutions, public or private, to which persons resort for treatment of disease, confinement, or are committed by process of law, shall make and keep a record of all the personal and statistical particulars relative to the inmates, such record to be made at the time of their admittance and in such form of certificate as directed by the secretary of health. In case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in such record the nature of the disease and where in the physician's opinion it was contracted. The personal particulars and information required by this section shall be obtained from the individual, if it is practicable to do so, and if not practicable, shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. Such record shall be open at all times to the inspection of the secretary of health or an accredited agent of the secretary.
A health care facility shall provide copies of all medical records, reports, and X rays pertinent to the health of the patient, if available, to a discharged patient or the patient's designee upon receipt by the health care facility of a written request or a legible copy of a written request signed by the patient. The health care facility may require before delivery that the patient pay the actual reproduction and mailing expense.
If a personal representative of a deceased patient has not been appointed, the following surviving family members, in the priority stated, have the right to copies of the patient's medical record to the same extent as the patient would have the right to copies of the medical record while alive:
(1) The spouse, if not legally separated at the time of the patient's death;
(2) An adult child;
(3) A parent;
(4) An adult sibling;
(5) A grandparent or an adult grandchild;
(6) An adult aunt or uncle, or an adult niece or nephew.
A health care facility, complying in good faith with the provisions of this section, may not be held liable for any injury or damage proximately resulting from compliance with this section. This section does not apply to chemical dependency treatment facilities.
34-12-15.2. Residents' funds kept separate--Free from facility's liabilities.
Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs.
34-12-15.3. Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.
Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on such account to such account. However, a public agency which is subject to §§ 34-12-15.1 to 34-12-15.10, inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility.
34-12-15.5. Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.
Each private nursing facility covered by §§ 34-12-15.1 to 34-12-15.10, inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensing the facility, a surety bond in the following amounts:
(1) If the amount to be handled is seven hundred fifty dollars per month or less the bond required shall be one thousand dollars;
(2) If the amount to be handled is seven hundred fifty-one dollars to one thousand five hundred dollars the bond required shall be two thousand dollars; and
(3) If the amount to be handled is one thousand five hundred one dollars to two thousand five hundred dollars the bond required shall be three thousand dollars.
Every further increment of one thousand dollars or fraction thereof shall require an additional one thousand dollars on the bond.
Source: SL 1977, ch 279, § 9.
34-12-15.6. Records required on residents' funds--Form--Receipts kept.
Every nursing facility or other facility covered by the provisions of §§ 34-12-15.1 to 34-12-15.10, inclusive, shall, in addition to the requirements of § 34-12-15.2, maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include:
(1) Records of residents' moneys which are maintained in an interest bearing demand trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits, and balance; and
(2) Records of residents' moneys and funds entrusted to the home or facility for safekeeping shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident.
34-12-15.7. Records of residents' funds available for audit.
Records which are maintained pursuant to §§ 34-12-15.1 to 34-12-15.10, inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same.
Source: SL 1977, ch 279, § 7.
34-12-15.8. Noncompliance as ground for revocation of administrator's license.
Failure of any licensed nursing facility to keep complete records or to comply with any other provision of §§ 34-12-15.1 to 34-12-15.10, inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chapter 36-28.
Source: SL 1977, ch 279, § 8.
34-12-15.9. Surrender of funds on discharge of resident--Time allowed.
Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by §§ 34-12-15.1 to 34-12-15.10, inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed receipt. Moneys and valuables kept within the facility shall be surrendered upon demand, and those kept in an interest bearing demand trust account shall be made available within ten business days.
34-12-15.10. Escheat of unclaimed funds of deceased resident--Notice and transfer to state.
If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36. The home or other facility shall notify the office of surplus property of such unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund.
34-12-16. Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.
Any building, institution, or establishment for which a license is issued under this chapter shall be inspected by the Department of Health under rules established by the department pursuant to § 34-12-13. The provisions of this section do not apply to a licensed hospital or licensed chemical dependency treatment facility surveyed and accredited under the standards of the accreditation program of the joint commission on accreditation of health care organizations that submits to the department, within a reasonable time, copies of its currently valid accreditation certificate and accreditation letter, together with accompanying recommendations and comments and any further recommendations, progress reports, and correspondence directly related to the accreditation. However, the department may inspect all licensed hospitals or licensed chemical dependency treatment facilities to determine compliance with rules promulgated pursuant to subdivisions 34-12-13(1), (2), and (3).
The department retains the right of access to all hospital or licensed chemical dependency treatment facility premises and to relevant records to investigate complaints or to follow through on corrective measures related to deficiencies identified by the joint commission survey process which are in conflict with state law or rule. If, prior to an inspection, the operator refuses to allow the inspection, no inspection may be made. If, during the course of the inspection, the operator refuses to allow the inspection to continue, the inspection shall cease. In such cases, the department may immediately initiate revocation proceedings pursuant to chapter 1-26 against the operator's license.
34-12-17. Information received by department confidential--Disclosure.
Information received by the State Department of Health under the authority of this chapter shall be confidential, except for official purposes, and shall not be disclosed except in accordance with a proper judicial order, or as otherwise provided by law.
34-12-21. New license issued after suspension or revocation.
If a license is suspended or revoked as provided in § 34-12-19, a new application for license may be considered by the said Department of Health if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has been satisfactorily submitted to said department. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules and regulations adopted hereunder have been complied with.
Repealed by SL 1988, ch 277, § 8.
Repealed by SL 1994, ch 274, § 5.
34-12-26 to 34-12-28.
Repealed by SL 2005, ch 181, §§ 1 to 3.
34-12-29. Promulgation of rules regarding nurse aide registration.
The Department of Health and the Board of Nursing may promulgate rules pursuant to chapter 1-26 to provide for the following regarding nurse aide registration:
(1) Education, training, and examination requirements;
(2) Qualifications of nurse aide instructors;
(3) Revocation, denial, or suspension of nurse aide registry status; and
(4) Hearing process.
Source: SL 1990, ch 268; SL 1995, ch 192.
34-12-30. Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.
Every nursing facility shall provide written notice to each resident receiving medical assistance under chapter 28-6 if the amount in the resident's interest bearing demand trust account reaches two hundred dollars less than resource limit in the medical assistance program under chapter 28-6. The written notice shall notify the resident that if the amount in the account (in addition to the value of the resident's other nonexempt resources) reaches the resource limit in the medical assistance program under chapter 28-6, the resident may lose eligibility for medical assistance benefits under chapter 28-6 or benefits under the federal supplemental security income program.
Source: SL 1991, ch 271, § 6.
34-12-31. No charge against resident funds for services paid under medical assistance program.
No nursing facility may impose a charge against the moneys and funds of a resident for any item or service for which payment is made under the medical assistance program under chapter 28-6 or the federal medicare program.
Source: SL 1991, ch 271, § 7.
34-12-32. Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor.
Any person engaged in the business of operating a home or facility for the purpose of providing residential services for compensation to two or more elderly or disabled persons not related to the owner by blood or marriage shall register annually with the State Department of Health, unless otherwise required to be licensed under this chapter. As used in this section, the term, "residential services," means room, meals, and daily living services, but not habilitative or health care. The department shall establish procedures and provide forms for registration. No fee may be established for registration. To implement this section, the State Department of Health may adopt rules pursuant to chapter 1-26. Failure to register pursuant to this section is a Class 2 misdemeanor.
Source: SL 1991, ch 272, § 3.
34-12-33. Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.
Upon receipt of a complaint, the Department of Health may enter and inspect any establishment or facility registered or required to be registered pursuant to § 34-12-32 to determine if there are violations of the licensing provisions of this chapter. Before entering an establishment or facility, the department shall obtain the consent of the owner, operator, or person-in-charge, or obtain a court order authorizing entry for the purpose of inspection unless an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to the health or welfare of residents. As used in this section, the term, person-in-charge, means the person present at a residential care facility who is responsible for its operation. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter. After an inspection is completed, the department may proceed in accordance with § 34-12-34 to cause compliance with this chapter and the rules promulgated thereunder.
If a health care facility has not secured a license pursuant to this chapter, the State Department of Health shall notify the owner or operator of such facility. If the owner or operator refuses or fails to comply with the provisions of § 34-12-5 within fourteen calendar days after notification, the department shall, subject to the requirements of chapter 1-26, issue a closure order to the owner or operator of the facility until such time as the owner or operator complies with the licensure requirements. If the facility continues to operate after a closure order is issued, the department may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief.
Source: SL 1991, ch 272, § 5.
Repealed by SL 1991, ch 272, § 10.
Repealed by SL 1993, ch 246, § 1.
Repealed by SL 1995, ch 193, § 1.
Repealed by SL 2000, ch 168, § 3, eff. June 30, 2005.
The Department of Social Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria:
(1) No other nursing facility is located within twenty miles;
(2) The nursing facility is located in the largest municipality within thirty-five miles, unless the next closest nursing facility is located more than fifty miles from any other nursing facility;
(3) The nursing facility provides skilled nursing facility services;
(4) The nursing facility is integrated with other health care services, either through affiliation with other services or through formal agreement;
(5) The projected nursing facility demand within the county in which the facility is located is less than sixty beds in 2015; and
(6) The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to § 34-12-35.4.
Source: SL 2011, ch 154, § 1.
34-12-35.6. Redistribution of existing nursing facility beds.
Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2, the Department of Health may authorize the increase in the number of beds in an existing nursing facility or may authorize the construction of a new nursing facility as defined in § 34-12-1.1, so long as the total number of nursing facility beds statewide does not exceed the total number of beds in existence statewide on July 1, 2005.
Source: SL 2012, ch 178, § 1.
34-12-35.7. Annual consideration of need for additional nursing facility beds or new nursing facilities .
The Department of Health, with assistance from the Department of Human Services, shall annually consider the need for additional nursing facility beds or additional new nursing facilities or both in the state. The following factors shall be taken into consideration:
(1) The current number of available nursing facility beds and nursing facilities in the state;
(2) The current and projected future need for additional nursing facility beds and nursing facilities in the state and the current long-term care needs of the population to be served;
(3) The number of nursing facility beds available for redistribution and the number of nursing facility beds redistributed pursuant to this chapter;
(4) The potential impact on existing nursing facilities;
(5) Any additional costs to the state or general public that may result; and
(6) Other current and projected long-term healthcare needs across the state.
34-12-35.8. Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.
If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with § 34-12-35.7, the department shall solicit and evaluate proposals to address the identified need. In doing so the department shall utilize the process and criteria established in §§ 5-18D-17 to 5-18D-20, inclusive. Additionally, the Department of Health may promulgate rules pursuant to chapter 1-26 to establish additional criteria specific to the identified need. The rules may include criteria pertaining to:
(1) Minimum nursing facility occupancy rates;
(2) Unique characteristics of the area and population to be served;
(3) Proposal viability, including financial business plan information and payor source information;
(4) Local community support for the proposed project;
(5) Benchmarks for quality assurance;
(6) Additional services to be provided; and
(7) Ability to meet workforce needs.
Source: SL 2012, ch 178, § 3.
34-12-35.9. Authorization to increase number of nursing facility beds.
Notwithstanding the provisions of § 34-12-35.4, an existing nursing facility as defined in § 34-12-1.1 may increase its number of beds with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8, inclusive. Any existing nursing facility authorized to increase its number of beds in accordance with §§ 34-12-35.6 to 34-12-35.8, inclusive, shall maintain its current Medicaid occupancy rate for the facility's existing beds, and shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established for the newly authorized beds.
Source: SL 2012, ch 178, § 4.
34-12-35.10. Nursing facility beds at Michael J. Fitzmaurice Veterans Home.
Notwithstanding the provisions of § 34-12-35.4, the Department of Veterans Affairs may increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total number of beds the nursing facility may operate may not exceed seventy-eight.
34-12-35.11. Annual report to legislative committees on need for additional nursing facility beds or nursing facilities.
The Department of Health and the Department of Human Services shall, before the fourth Tuesday in January of each year, submit a written report to and testify before the Senate and House standing committees on health and human services concerning the consideration of additional nursing facility beds or additional new nursing facilities and long-term healthcare needs pursuant to § 34-12-35.7.
Source: SL 2017, ch 151, § 2.
Repealed by SL 1991, ch 272, § 10.
Repealed by SL 1993, ch 246, § 2.
34-12-37. Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities.
A nursing facility which limits its admissions to only those persons who have resided in an adjacent self-care living unit operated by the nursing facility for at least one year, which also maintains an endowment to provide nursing bed care for such persons who are unable to pay the cost of nursing care, and which does not participate in medicaid may change not more than ten assisted living center beds to nursing beds after June 30, 1992.
Source: SL 1991, ch 272, § 7A.
34-12-38. Interest of Department of Social Services in funds of deceased resident receiving medical assistance.
Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility may not release or transfer any property under § 34-12-15.10 until it has determined that the Department of Social Services has no interest in or right to the property. The department shall file an affidavit pursuant to § 29A-3-1201 to establish its right to recover such funds.
Repealed by SL 2000, ch 168, § 3, eff. June 30, 2005.
34-12-39.2. New nursing facilities--Limitations--Requirements.
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 has met at least one of the following requirements 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;
(5) Improve physical conditions which are related to operational or functional deficiencies; or
(6) Consolidate, merge, or join another health care or long-term service provider.
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 existing facility.
Repealed by SL 2010, ch 170, § 2, eff. June 30, 2013.
34-12-39.4. New nursing facility as part of existing facility.
Notwithstanding the provisions of § 34-12-39.2, a new nursing facility as defined in§ 34-12-1.1 may be constructed, operated, and maintained as part of an existing nursing facility licensed under chapter 34-12 if:
(1) The new nursing facility is located within fifteen miles of the existing nursing facility;
(2) The combined bed capacity of both the licensed existing nursing facility and the new nursing facility do not exceed the total number of beds afforded to the existing nursing facility under § 34-12-35.4; and
(3) Both the existing nursing facility and the new nursing facility serve medicaid residents and both facilities independently maintain an annual minimum medicaid occupancy rate no less than ten percent below the state-wide average at the time rates are established.
For the purposes of medicaid reimbursement, the facility shall submit a combined annual cost report to include the combined costs for both the existing nursing facility and the new nursing facility. Medicaid reimbursement rates shall be calculated using the combined cost report, and rates will be subject to the ceilings and limitations set forth in rules promulgated pursuant to § 28-6-1. The existing facility's medicaid reimbursement rate shall be used to establish the overall ceiling as outlined in rules promulgated pursuant to § 28-6-1. The existing nursing facility is limited to construction of one new facility under this section.
Source: SL 2010, ch 170, § 3.
34-12-39.5. Authorization to construct new nursing facility.
Notwithstanding the provisions of § 34-12-39.2, a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8, inclusive. Any new nursing facility authorized in accordance with §§ 34-12-35.6 to 34-12-35.8, inclusive shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established.
Source: SL 2012, ch 178, § 5.
34-12-39.6. Closure of existing nursing facility--Availability of authorized beds.
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.
Source: SL 2019, ch 143, § 1.
34-12-39.7. Authorization to construct new nursing facility in Moody County.
Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2, a new nursing facility may be constructed and operated on the Flandreau Santee Sioux Reservation in Moody County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursing facility to participate in the Medicaid program. The number of beds in the new facility may not exceed fifty.
For the purposes of §§ 34-12-40 to 34-12-47, inclusive, a continuing care agreement is an agreement to provide a person board and lodging, in addition to care in a nursing facility or assisted living center, as defined in § 34-12-1.1, for the duration of the person's life, in consideration for an entrance fee paid to the provider.
For the purposes of §§ 34-12-40 to 34-12-47, inclusive, an entrance fee is an initial or deferred transfer to a provider of a sum of money, or other property, made or promised to be made, as a full or partial consideration for acceptance of the person in the facility under a continuing care agreement, if the amount exceeds five thousand dollars or the sum of periodic charges for three months of residency, whichever is greater.
Source: SL 1998, ch 206, § 2.
34-12-42. Continuing care retirement community defined.
For the purposes of §§ 34-12-40 to 34-12-47, inclusive, a continuing care retirement community is a facility that offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing facility or assisted living center, regardless of whether the lodging and care is provided at the same location.
A continuing care retirement community and any agreement it enters into with its residents is not subject to any provision of Title 58 except as contained in this section. This section does not provide any exemption for the sale of long-term care or other insurance product to a continuing care retirement community. This section does not provide any exemption for the sale of long-term care or other insurance products by persons other than the continuing care retirement community to residents of the continuing care retirement community.
A continuing care retirement community shall provide the following information to any resident or prospective resident: information about all owners and operators of the facility; the affiliation, if any, with other charitable, nonprofit, or religious organizations and any financial obligations of these organizations for the operation of the facility; a description of the goods and services available to the resident as part of the agreement; a listing of services available to residents for extra cost; a description of fees charged to residents; and the most recent financial statement of the provider.
Any provider proposing to develop a new continuing care retirement community, which has not previously been in operation in this state, shall establish an escrow account with a bank in this state. Any entrance fees or portions of the entrance fees collected from prospective residents before the commencement of operation of the planned facility shall be deposited in this account. Escrowed deposits may not be released to the provider until completion of construction of the facility as evidenced by certificates of occupancy or other permits to commence operation. Deposits shall be released to prospective residents within thirty days of a receipt of a written notice of cancellation. The provider may retain any accrued interest from canceled deposits and a service fee not to exceed five hundred dollars. A copy of the escrow agreement shall be filed with the director of the Division of Insurance.
Any new continuing care retirement community may not start construction until escrowed deposits of at least ten percent of the proposed entrance fee has been received for at least fifty percent of the proposed living units planned to be constructed. This section does not apply to the building of a continuing care retirement community if the funds used for building such facility are exclusively derived from sources other than prospective residents.
The provider shall notify the director of the Division of Insurance when the required amount of escrowed deposits have been reached for construction to start. In addition, notice shall be provided to the director of the Division of Insurance when escrowed deposits are released to the provider.
Source: SL 1998, ch 206, § 8.
Repealed by SL 2003, ch 180, § 3, effective June 30, 2005.
34-12-49. Use of state funds to construct nursing facility on American Indian reservation prohibited.
No state funds may be used for the construction of a nursing facility built pursuant to § 34-12-48. (Section 34-12-49 is repealed by SL 2003, ch 180, § 3, effective June 30, 2005.)
Source: SL 2003, ch 180, § 2.
34-12-50. Court order for medical treatment of disabled adult under treatment by spiritual means.
If a disabled adult is under treatment solely by spiritual means, the court may, upon good cause shown, order that medical treatment be provided for that disabled adult.
34-12-51. Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability.
Any institution regulated pursuant to chapter 34-12 and any employee, agent, or member of a medical or dental staff thereof who, in good faith, makes a report of abuse, exploitation, or neglect of any elder or disabled adult, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the report. This immunity extends in a like manner to any public official involved in the investigation of abuse, exploitation, or neglect of any elder or disabled adult, or to any person or institution who in good faith cooperates with any public officials in an investigation. The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act.
(2) "Emergency medical services," health care provided to the patient at the scene, during transportation to a medical facility, between medical facilities, and upon entry at the medical facility;
(3) "Freestanding emergency medical care facility," a facility structurally separate and distinct from a hospital that directly receives a person and provides emergency medical care;
(4) "Hospital," a hospital licensed pursuant to chapter 34-12;
(5) "Trauma," a sudden, severe injury or damage to the body caused by an external force that results in potentially life-threatening injuries or that could result in the following disabilities:
(a) Impairment of cognitive or mental abilities;
(b) Impairment of physical functioning; or
(c) Disturbance of behavioral or emotional functioning;
(6) "Trauma care system," a statewide system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both the provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, inter-hospital, and rehabilitative care for trauma patients;
(7) "Trauma hospital," a hospital designated by the department as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility; and
(8) "Trauma registry," patient-specific trauma data that is maintained by a health care facility, in a format prescribed by rules promulgated pursuant to § 34-12-54.
34-12-53. Trauma care system and statewide trauma registry.
The department shall develop, implement, and administer a trauma care system including a statewide trauma registry that involves all hospitals, freestanding emergency medical care facilities, and emergency medical services within the state.
34-12-54. Promulgation of rules regarding trauma care system.
The department shall promulgate rules, pursuant to chapter 1-26, to provide for a trauma care system and statewide trauma registry. The rules shall include:
(1) Designation of the levels of trauma hospitals or freestanding emergency medical care facilities and the resources each hospital or freestanding emergency medical care facility is required to have concerning personnel, equipment, data collection, and organizational capacity for each level;
(2) Prehospital emergency medical services triage and treatment protocols for trauma patients; and
(3) Requirements for collection and release of trauma registry data.
34-12-55. Each facility to meet requirements of one of designated levels of trauma hospital.
Each hospital or freestanding emergency medical care facility shall meet the requirements of one of the designated levels of trauma hospitals as provided for in § 34-12-54. The department may not direct a hospital or freestanding emergency medical care facility to establish a certain level of designation.
34-12-56. Nursing facility construction on American Indian reservations.
Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2, a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained on any American Indian reservation that is wholly or partially located west of the one hundred second meridian if the facility is needed to serve a local population previously unserved through lack of nursing facilities within a forty-five-mile radius. No more than one such nursing facility may be located within the same American Indian reservation, and the number of beds in the nursing facility may not exceed fifty. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the medicaid program.
No state funds may be used for the construction of a nursing facility built pursuant to this section.
Source: SL 2010, ch 171, §§ 1, 2.
34-12-56.1. Nursing facility on Rosebud Indian Reservation.
Notwithstanding the provisions of §§ 34-12-39.2 and 34-12-35.4, a new nursing facility may be constructed on the Rosebud Indian Reservation for replacement of the nursing facility currently located in White River, South Dakota. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the medicaid program. The number of beds in the replacement nursing facility may not exceed fifty-two. (This section is repealed effective June 30, 2021 pursuant to SL 2016, ch 173, § 2.)
Source: SL 2016, ch 173, § 1.
34-12-56.2. Nursing facility on Cheyenne River Indian Reservation.
Notwithstanding the provisions of §§ 34-12-39.2 and 34-12-35.4, a new nursing home may be operated and maintained on the Cheyenne River Indian Reservation located in Eagle Butte, South Dakota. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the Medicaid program. The number of nursing facility beds in the new facility may not exceed fifty.
An applicant for a birth center license shall submit an application to the Department of Health on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee of five hundred dollars. The department shall issue a license if, after inspection and investigation, the department finds that the application and birth center meet the requirements of §§ 34-12-57 to 34-12-63, inclusive. The birth center license is renewable annually on a form prescribed by the department.
Source: SL 2011, ch 155, § 6.
34-12-62. Promulgation of rules for birth centers.
The Department of Health shall promulgate rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate a birth center. The department shall adopt, by rules promulgated pursuant to chapter 1-26, minimum standards to protect the health and safety of mothers and infants of a birth center. The rules shall establish minimum standards regarding:
(1) Facility safety, including fire safety and construction, ADA accessibility, and sanitation;
(2) Qualifications and supervision of professional and nonprofessional personnel, including certification in neonatal and maternal CPR;
(3) Emergency equipment and procedures to provide emergency care;
(4) Medical records and reports;
(5) Birthing room requirements, including minimum size requirements;
(6) Support areas for patients, including toilet, hand washing station, and bath/shower facility;
(7) Infection control, including cleaning and laundry requirements, scrub area, decontamination, disinfection, sterilization, and storage of sterile supplies, storage for soiled product, and disposal of medical waste;
(8) Medication control;
(9) Quality assurance;
(10) Information on and access to patient follow-up care;
(11) Informed consent and disclosure requirements;
(12) Patient screening, assessment, and monitoring, including transport protocols and physician referral protocols; and
(13) Administrative and public areas, including staff support areas, reception area, family room, public restroom with toilet and hand washing station, nourishment area, record storage, and provisions for drinking water.
Source: SL 2011, ch 155, § 7.
34-12-63. Risk assessment system for birth centers.
A birth center shall adopt, implement, and enforce a written risk assessment system that conforms to the patient assessment protocols established pursuant to § 34-12-62. A birth center shall perform the risk assessment of a potential client prior to accepting the client for admission and shall only admit a client that has been assessed to have a low-risk pregnancy. A birth center client shall be continually assessed to identify if her condition deviates from a low-risk pregnancy at any time during the pregnancy, delivery, or postpartum period. The birth center shall refer or transfer the client to a physician or hospital in accordance with the standards established pursuant to § 34-12-62.
Source: SL 2011, ch 155, § 8.
34-12-64. Certain medical foster homes for veterans exempt from chapter.
The provisions of this chapter do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans. The South Dakota Department of Veterans Affairs shall provide an annual report to the Governor and Legislature by December first of each year outlining the scope and effectiveness of the medical foster home program in South Dakota.
Source: SL 2011, ch 156, § 1.
34-12-65. Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions.
Any freestanding emergency medical care facility that is federally certified as a department of a hospital is exempt from the freestanding emergency medical care facility licensing and license fee provisions of this chapter.
Source: SL 2017, ch 150, § 7.
34-12-66. Mammogram reports required to include information on breast density.
Any health care facility as defined in § 34-12-1.1 that performs mammography services shall include information on breast density in the mammogram report that is required to be sent to each mammography patient under the Federal Mammography Quality Standards Act (42 U.S.C. Section 263b), as amended to January 1, 2019. The information shall identify the patient's individual breast density classification as determined by the interpreting physician based on the breast imaging reporting and data system standards established by the American College of Radiology. If the interpreting physician determines that a patient has heterogeneously or extremely dense breasts, the mammogram report shall include the following notice:
"Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is not abnormal. It is found in more than forty percent of women. However, dense breast tissue may make it harder to detect cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information is given to you and your health care provider to raise your awareness of breast density. We encourage you to talk with your health care provider about this and other breast cancer risk factors. Together, you can decide if additional breast imaging would be beneficial based on your mammogram results, risk factors, and physical examination."
Notwithstanding any other provision of law, this section does not create a cause of action or create a standard of care, obligation, or duty beyond the duty to provide notice as set forth in this section.
This section does not require a notice that is inconsistent with the provisions of the Federal Mammography Quality Standards Act or any regulations adopted under the act.