Printer FriendlySB 69 authorize certain exceptions to the nursing facility moratorium.
ENTITLED, An Act to authorize certain exceptions to the nursing facility moratorium.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 34-12 be amended by adding thereto a NEW SECTION to read as
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 in an area if the facility is to
be located in the eastern half of the state and is required to serve military veterans and their spouses.
No more than one new nursing facility for military veterans may be located in the eastern half of the
state, and the number of beds in the new nursing facility may not exceed fifty. The new nursing
facility shall meet the specifications of chapter 34-12 for a licensed nursing facility in order to
participate in the medicaid program. Any solicitation for a provider for the new facility shall be
conducted pursuant to the provisions of §§ 5-18-57 to 5-18-62, inclusive.
Section 2. The provisions of section 1 of this Act are repealed on June 30, 2013.
Section 3. That chapter 34-12 be amended by adding thereto a NEW SECTION to read as
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.
An Act to authorize certain exceptions to the nursing facility moratorium.
I certify that the attached Act
originated in the
SENATE as Bill No. 69
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 69
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State