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.
South Dakota Legal Code