South Dakota § 34-12-35.9 Authorization to increase number of nursing facility beds.

South Dakota Statutes

§ 34-12-35.9 — Authorization to increase number of nursing facility beds.

South Dakota § 34-12-35.9

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-11BREGULATION OF HOSPITALS AND RELATED INSTITUTIONS

This text of South Dakota § 34-12-35.9 (Authorization to increase number of nursing facility beds.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-12-35.9 (2026).

Text

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.

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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.