reglab/housing_qa huggingface dataset:
SD Codified L § 34-12-15.1 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.1 - Handling of residents' funds by nursing homes--Definition of terms.

34-12-15.1. Handling of residents' funds by nursing homes--Definition of terms.Terms used in §§34-12-15.1 to 34-12-15.10, inclusive, unless the context otherwise requires mean:(1)"Nursing homes," public or private facilities licensed pursuant to this chapter 34-12, as a skilled nursing facility, an intermediate care facility, or an assisted living center;(2)"Residents," persons committed or cared for in any home, center, or other facility which is subject to the provisions of §§34-12-15.1 to 34-12-15.10, inclusive. Source: SL 1977, ch 279, §1; SL 1991, ch 272, §2.
SD Codified L § 34-12-15.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.2 - Residents' funds kept separate--Free from facility's liabilities.

34-12-15.2. Residents' funds kept separate--Free from facility's liabilities.Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs. Source: SL 1977, ch 279, §2; SL 1991, ch 271, §1.
SD Codified L § 34-12-15.3 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.3 - Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.

34-12-15.3. Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on such account to such account. However, a public agency which is subject to §§34-12-15.1 to 34-12-15.10, inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility. Source: SL 1977, ch 279, §5; SL 1991, ch 271, §2.
SD Codified L § 34-12-15.5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.5 - Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.

34-12-15.5. Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.Each private nursing facility covered by §§34-12-15.1 to 34-12-15.10, inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensing the facility, a surety bond in the following amounts:(1)If the amount to be handled is seven hundred fifty dollars per month or less the bond required shall be one thousand dollars;(2)If the amount to be handled is seven hundred fifty-one dollars to one thousand five hundred dollars the bond required shall be two thousand dollars; and(3)If the amount to be handled is one thousand five hundred one dollars to two thousand five hundred dollars the bond required shall be three thousand dollars.Every further increment of one thousand dollars or fraction thereof shall require an additional one thousand dollars on the bond. Source: SL 1977, ch 279, §9.
SD Codified L § 34-12-15.6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.6 - Records required on residents' funds--Form--Receipts kept.

34-12-15.6. Records required on residents' funds--Form--Receipts kept.Every nursing facility or other facility covered by the provisions of §§34-12-15.1 to 34-12-15.10, inclusive, shall, in addition to the requirements of §34-12-15.2, maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include:(1)Records of residents' moneys which are maintained in an interest bearing demand trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits, and balance; and(2)Records of residents' moneys and funds entrusted to the home or facility for safekeeping shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident. Source: SL 1977, ch 279, §3; SL 1991, ch 271, §4.
SD Codified L § 34-12-15.7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.7 - Records of residents' funds available for audit.

34-12-15.7. Records of residents' funds available for audit.Records which are maintained pursuant to §§34-12-15.1 to 34-12-15.10, inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same. Source: SL 1977, ch 279, §7.
SD Codified L § 34-12-15.8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.8 - Noncompliance as ground for revocation of administrator's license.

34-12-15.8. Noncompliance as ground for revocation of administrator's license.Failure of any licensed nursing facility to keep complete records or to comply with any other provision of §§34-12-15.1 to 34-12-15.10, inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chapter 36-28. Source: SL 1977, ch 279, §8.
SD Codified L § 34-12-15.9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.9 - Surrender of funds on discharge of resident--Time allowed.

34-12-15.9. Surrender of funds on discharge of resident--Time allowed.Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by §§34-12-15.1 to 34-12-15.10, inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed receipt. Moneys and valuables kept within the facility shall be surrendered upon demand, and those kept in an interest bearing demand trust account shall be made available within ten business days. Source: SL 1977, ch 279, §6; SL 1991, ch 271, §5.
SD Codified L § 34-12-15.10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-15.10 - Escheat of unclaimed funds of deceased resident--Notice and transfer to state.

34-12-15.10. Escheat of unclaimed funds of deceased resident--Notice and transfer to state.If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36. The home or other facility shall notify the office of surplus property of such unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund. Source: SL 1977, ch 279, §10; SL 1993, ch 213, §222.
SD Codified L § 34-12-16 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-16 - Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.

34-12-16. Inspection of licensed health care facilities--Exception--Refusal to allow inspection--Revocation proceedings.Any building, institution, or establishment for which a license is issued under this chapter shall be inspected by the Department of Health under rules established by the department pursuant to §34-12-13. The provisions of this section do not apply to a licensed hospital or licensed chemical dependency treatment facility surveyed and accredited under the standards of the accreditation program of the joint commission on accreditation of health care organizations that submits to the department, within a reasonable time, copies of its currently valid accreditation certificate and accreditation letter, together with accompanying recommendations and comments and any further recommendations, progress reports, and correspondence directly related to the accreditation. However, the department may inspect all licensed hospitals or licensed chemical dependency treatment facilities to determine compliance with rules promulgated pursuant to subdivisions 34-12-13(1), (2), and (3).The department retains the right of access to all hospital or licensed chemical dependency treatment facility premises and to relevant records to investigate complaints or to follow through on corrective measures related to deficiencies identified by the joint commission survey process which are in conflict with state law or rule. If, prior to an inspection, the operator refuses to allow the inspection, no inspection may be made. If, during the course of the inspection, the operator refuses to allow the inspection to continue, the inspection shall cease. In such cases, the department may immediately initiate revocation proceedings pursuant to chapter 1-26 against the operator's license. Source: SL 1945, ch 108, §5; SL 1953, ch 123, §5; SDC Supp 1960, §27.1205; SL 1980, ch 238, §23; SL 1982, ch 260; SL 1986, ch 278, §10; SL 1989, ch 289; SL 2016, ch 171, §1.
SD Codified L § 34-12-17 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-17 - Information received by department confidential--Disclosure.

34-12-17. Information received by department confidential--Disclosure.Information received by the State Department of Health under the authority of this chapter shall be confidential, except for official purposes, and shall not be disclosed except in accordance with a proper judicial order, or as otherwise provided by law. Source: SL 1945, ch 108, §8; SL 1953, ch 123, §8; SDC Supp 1960, §27.1208.
SD Codified L § 34-12-18 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-18 - Unlicensed operation as misdemeanor.

34-12-18. Unlicensed operation as misdemeanor.Any person establishing, conducting, managing, or operating any health care facility or related institution without a license is guilty of a Class 1 misdemeanor. Source: SL 1925, ch 220, §7; SDC 1939, §27.9927; SL 1945, ch 108, §9; SL 1953, ch 123, §9; SDC Supp 1960, §27.9946; SL 1977, ch 190, §14; SL 1986, ch 278, §11; SL 1989, ch 290.
SD Codified L § 34-12-19 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-19 - Grounds for suspension or revocation of license.

34-12-19. Grounds for suspension or revocation of license.The State Department of Health may suspend or revoke a license issued under this chapter on any of the following grounds:(1)Violation of any of the provisions of this chapter or the rules issued pursuant thereto;(2)Permitting, aiding, or abetting the commission of any unlawful act in such institution;(3)Conduct of practices detrimental to the welfare of the patient; and(4)Failure to allow department inspections, including inspections authorized under §34-12-16, complaint inspections and necessary follow-up inspections. Source: SL 1925, ch 220, §5; SDC 1939, §27.1205; SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207; SL 1986, ch 278, §12.
SD Codified L § 34-12-20 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-20 - Procedure for suspension or revocation of license.

34-12-20. Procedure for suspension or revocation of license.No license shall be suspended or revoked except in compliance with chapter 1-26. Source: SL 1925, ch 220, §5; SDC 1939, §27.1205; SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207; SL 1972, ch 15, §4.
SD Codified L § 34-12-21 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-21 - New license issued after suspension or revocation.

34-12-21. New license issued after suspension or revocation.If a license is suspended or revoked as provided in §34-12-19, a new application for license may be considered by the said Department of Health if, when, and after the conditions upon which suspension or revocation was based have been corrected and evidence of this fact has been satisfactorily submitted to said department. A new license may then be granted after proper inspection has been made and all provisions of this chapter and the rules and regulations adopted hereunder have been complied with. Source: SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207.
SD Codified L § 34-12-22 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-22 - Appeal from department.

34-12-22. Appeal from department.Any person aggrieved by any decision or ruling of the said Department of Health may appeal under the provisions of chapter 1-26. Source: SL 1925, ch 220, §5; SDC 1939, §27.1205; SL 1945, ch 108, §7; SL 1953, ch 123, §7; SDC Supp 1960, §27.1207; SL 1972, ch 15, §4.
SD Codified L § 34-12-29 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-29 - Promulgation of rules regarding nurse aide registration.

34-12-29. Promulgation of rules regarding nurse aide registration.The Department of Health and the Board of Nursing may promulgate rules pursuant to chapter 1-26 to provide for the following regarding nurse aide registration:(1)Education, training, and examination requirements;(2)Qualifications of nurse aide instructors;(3)Revocation, denial, or suspension of nurse aide registry status; and(4)Hearing process. Source: SL 1990, ch 268; SL 1995, ch 192.
SD Codified L § 34-12-30 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-30 - Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.

34-12-30. Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program.Every nursing facility shall provide written notice to each resident receiving medical assistance under chapter 28-6 if the amount in the resident's interest bearing demand trust account reaches two hundred dollars less than resource limit in the medical assistance program under chapter 28-6. The written notice shall notify the resident that if the amount in the account (in addition to the value of the resident's other nonexempt resources) reaches the resource limit in the medical assistance program under chapter 28-6, the resident may lose eligibility for medical assistance benefits under chapter 28-6 or benefits under the federal supplemental security income program. Source: SL 1991, ch 271, §6.
SD Codified L § 34-12-31 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-31 - No charge against resident funds for services paid under medical assistance program.

34-12-31. No charge against resident funds for services paid under medical assistance program.No nursing facility may impose a charge against the moneys and funds of a resident for any item or service for which payment is made under the medical assistance program under chapter 28-6 or the federal medicare program. Source: SL 1991, ch 271, §7.
SD Codified L § 34-12-32 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-32 - Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor.

34-12-32. Residential services for elderly or disabled persons--Registration--Forms and procedures--Violation as misdemeanor.Any person engaged in the business of operating a home or facility for the purpose of providing residential services for compensation to two or more elderly or disabled persons not related to the owner by blood or marriage shall register annually with the State Department of Health, unless otherwise required to be licensed under this chapter. As used in this section, the term, "residential services," means room, meals, and daily living services, but not habilitative or health care. The department shall establish procedures and provide forms for registration. No fee may be established for registration. To implement this section, the State Department of Health may adopt rules pursuant to chapter 1-26. Failure to register pursuant to this section is a Class 2 misdemeanor. Source: SL 1991, ch 272, §3.
SD Codified L § 34-12-33 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-33 - Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.

34-12-33. Inspection of elderly or disabled person residential care facility--Authorization--Scope of inspection.Upon receipt of a complaint, the Department of Health may enter and inspect any establishment or facility registered or required to be registered pursuant to §34-12-32 to determine if there are violations of the licensing provisions of this chapter. Before entering an establishment or facility, the department shall obtain the consent of the owner, operator, or person-in-charge, or obtain a court order authorizing entry for the purpose of inspection unless an emergency exists. As used in this section, the term, emergency, means any circumstance which the department has reason to believe exists, which may constitute a hazardous condition that may endanger human life or be seriously detrimental to the health or welfare of residents. As used in this section, the term, person-in-charge, means the person present at a residential care facility who is responsible for its operation. The inspection shall take place during reasonable times and shall be conducted by an authorized department inspector after presentation of identification. The scope of the inspection is limited to those areas provided for in this chapter. After an inspection is completed, the department may proceed in accordance with §34-12-34 to cause compliance with this chapter and the rules promulgated thereunder. Source: SL 1991, ch 272, §4; SL 1999, ch 172, §1.
SD Codified L § 34-12-34 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-34 - Failure to register--Notice--Closure.

34-12-34. Failure to register--Notice--Closure.If a health care facility has not secured a license pursuant to this chapter, the State Department of Health shall notify the owner or operator of such facility. If the owner or operator refuses or fails to comply with the provisions of §34-12-5 within fourteen calendar days after notification, the department shall, subject to the requirements of chapter 1-26, issue a closure order to the owner or operator of the facility until such time as the owner or operator complies with the licensure requirements. If the facility continues to operate after a closure order is issued, the department may refer the matter to the state's attorney for appropriate action or the attorney general's office for injunctive relief. Source: SL 1991, ch 272, §5.
SD Codified L § 34-12-35.4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.4 - Number of beds in nursing facility.

34-12-35.4. Number of beds in nursing facility.No nursing facility in this state may operate more than the number of beds authorized by the Department of Health pursuant to this chapter and in existence on July1, 2005. Source: SL 2005, ch 180, §1.
SD Codified L § 34-12-35.5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.5 - Access critical nursing facilities.

34-12-35.5. Access critical nursing facilities. The Department of Human Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria:(1)No other nursing facility is located within twenty miles;(2)The nursing facility is located in the largest municipality within thirty-five miles, unless the next closest nursing facility is located more than fifty miles from any other nursing facility;(3)The nursing facility provides nursing facility services;(4)The nursing facility is integrated with other health care services, either through affiliation with other services or through formal agreement;(5)The current five-year average number of occupied beds in the facility is less than sixty; and(6)The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to §34-12-35.4. Source: SL 2011, ch 154, §1; SL 2021, ch 140, § 1.
SD Codified L § 34-12-35.6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.6 - Redistribution of existing nursing facility beds.

34-12-35.6. Redistribution of existing nursing facility beds.Notwithstanding the provisions of §§34-12-35.4 and 34-12-39.2, the Department of Health may authorize the increase in the number of beds in an existing nursing facility or may authorize the construction of a new nursing facility as defined in §34-12-1.1, so long as the total number of nursing facility beds statewide does not exceed the total number of beds in existence statewide on July 1, 2005. Source: SL 2012, ch 178, §1.