South Dakota § 34-12-39.2 New nursing facilities--Limitations--Requirements.

South Dakota Statutes

§ 34-12-39.2 — New nursing facilities--Limitations--Requirements.

South Dakota § 34-12-39.2

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-11BREGULATION OF HOSPITALS AND RELATED INSTITUTIONS

This text of South Dakota § 34-12-39.2 (New nursing facilities--Limitations--Requirements.) 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 § 34-12-39.2 (2026).

Text

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 functiona

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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.