South Dakota § 34-12-39.5 Authorization to construct new nursing facility.

South Dakota Statutes

§ 34-12-39.5 — Authorization to construct new nursing facility.

South Dakota § 34-12-39.5

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-11BREGULATION OF HOSPITALS AND RELATED INSTITUTIONS

This text of South Dakota § 34-12-39.5 (Authorization to construct new nursing facility.) 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 § 34-12-39.5 (2026).

Text

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.

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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.