reglab/housing_qa huggingface dataset:
SD Codified L § 34-12-35.7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.7 - Annual consideration of need for additional nursing facility beds or new nursing facilities .

34-12-35.7. Annual consideration of need for additional nursing facility beds or new nursing facilities .The Department of Health, with assistance from the Department of Human Services, shall annually consider the need for additional nursing facility beds or additional new nursing facilities or both in the state. The following factors shall be taken into consideration:(1)The current number of available nursing facility beds and nursing facilities in the state;(2)The current and projected future need for additional nursing facility beds and nursing facilities in the state and the current long-term care needs of the population to be served;(3)The number of nursing facility beds available for redistribution and the number of nursing facility beds redistributed pursuant to this chapter;(4)The potential impact on existing nursing facilities;(5)Any additional costs to the state or general public that may result; and(6)Other current and projected long-term healthcare needs across the state. Source: SL 2012, ch 178, §2; SL 2017, ch 151, §1.
SD Codified L § 34-12-35.8 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.8 - Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.

34-12-35.8. Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with §34-12-35.7, the department shall solicit and evaluate proposals to address the identified need. In doing so the department shall utilize the process and criteria established in §§5-18D-17 to 5-18D-20, inclusive. Additionally, the Department of Health may promulgate rules pursuant to chapter 1-26 to establish additional criteria specific to the identified need. The rules may include criteria pertaining to:(1)Minimum nursing facility occupancy rates;(2)Unique characteristics of the area and population to be served;(3)Proposal viability, including financial business plan information and payor source information;(4)Local community support for the proposed project;(5)Benchmarks for quality assurance;(6)Additional services to be provided; and(7)Ability to meet workforce needs. Source: SL 2012, ch 178, §3.
SD Codified L § 34-12-35.9 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.9 - Authorization to increase number of nursing facility beds.

34-12-35.9. Authorization to increase number of nursing facility beds.Notwithstanding the provisions of §34-12-35.4, an existing nursing facility as defined in §34-12-1.1 may increase its number of beds with prior authorization by the Department of Health in accordance with §§34-12-35.6 to 34-12-35.8, inclusive. Any existing nursing facility authorized to increase its number of beds in accordance with §§34-12-35.6 to 34-12-35.8, inclusive, shall maintain its current Medicaid occupancy rate for the facility's existing beds, and shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established for the newly authorized beds. Source: SL 2012, ch 178, §4.
SD Codified L § 34-12-35.10 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.10 - Nursing facility beds at Michael J. Fitzmaurice Veterans Home.

34-12-35.10. Nursing facility beds at Michael J. Fitzmaurice Veterans Home.Notwithstanding the provisions of §34-12-35.4, the Department of Veterans Affairs may increase the number of nursing facility beds at the Michael J. Fitzmaurice Veterans Home. The total number of beds the nursing facility may operate may not exceed seventy-eight. Source: SL 2016, ch 172, §1, eff. Mar. 25, 2016; SL 2019, ch 142, §1.
SD Codified L § 34-12-35.11 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.11 - Annual report to legislative committees on need for additional nursing facility beds or nursing facilities.

34-12-35.11. Annual report to legislative committees on need for additional nursing facility beds or nursing facilities.The Department of Health and the Department of Human Services shall, before the fourth Tuesday in January of each year, submit a written report to and testify before the Senate and House standing committees on health and human services concerning the consideration of additional nursing facility beds or additional new nursing facilities and long-term healthcare needs pursuant to §34-12-35.7. Source: SL 2017, ch 151, §2.
SD Codified L § 34-12-35.12 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-35.12 - Regional nursing facility--Designation.

34-12-35.12. Regional nursing facility--Designation. A nursing facility may submit to the Department of Human Services an application for designation as a regional nursing facility. In order to obtain the designation, a nursing facility must:(1)Be enrolled and in good standing with South Dakota Medicaid;(2)Provide home and community-based services in the region through an affiliation or a contractual arrangement;(3)Demonstrate intent to construct a new nursing facility or to substantially remodel an existing facility, upon merging with one or more health care facilities within a thirty-mile radius;(4)Demonstrate that the newly constructed nursing facility or the substantially remodeled facility will:(a)Support a homelike environment with a cluster, neighborhood, or household model layout;(b)Contain single occupancy rooms and toilet areas;(c)Abide by best practices regarding infection control and prevention;(d)Allow for private visitation; and(e)Support other best practices related to aging;(5)Meet any other criteria set forth in rules promulgated by the department for the implementation of this section.Upon approval of the application and completion of the construction or remodeling referenced in this section, the department shall designate the facility as a regional nursing facility. Upon a determination by the department that the proposal is budget-neutral for South Dakota Medicaid, the department shall reimburse the facility in accordance with the regional nursing facility rate methodology.The department may promulgate rules, in accordance with chapter 1-26, to implement this section. Source: SL 2021, ch 141, § 1.
SD Codified L § 34-12-37 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-37 - Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities.

34-12-37. Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities.A nursing facility which limits its admissions to only those persons who have resided in an adjacent self-care living unit operated by the nursing facility for at least one year, which also maintains an endowment to provide nursing bed care for such persons who are unable to pay the cost of nursing care, and which does not participate in medicaid may change not more than ten assisted living center beds to nursing beds after June 30, 1992. Source: SL 1991, ch 272, §7A.
SD Codified L § 34-12-38 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-38 - Interest of Department of Social Services in funds of deceased resident receiving medical assistance.

34-12-38. Interest of Department of Social Services in funds of deceased resident receiving medical assistance.Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility may not release or transfer any property under §34-12-15.10 until it has determined that the Department of Social Services has no interest in or right to the property. The department shall file an affidavit pursuant to §29A-3-1201 to establish its right to recover such funds. Source: SL 1994, ch 229, §12; SL 1995, ch 167, §183.
SD Codified L § 34-12-39.2 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-39.2 - New nursing facilities--Limitations--Requirements.

34-12-39.2. New nursing facilities--Limitations--Requirements.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. Source: SL 2005, ch 180, §2; SL 2019, ch 143, §2; SL 2020, ch 141, § 1.
SD Codified L § 34-12-39.4 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-39.4 - New nursing facility as part of existing facility.

34-12-39.4. New nursing facility as part of existing 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 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. Source: SL 2010, ch 170, §3.
SD Codified L § 34-12-39.5 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-39.5 - Authorization to construct new nursing facility.

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.
SD Codified L § 34-12-39.6 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-39.6 - Closure of existing nursing facility--Availability of authorized beds.

34-12-39.6. Closure of existing nursing facility--Availability of authorized beds.Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases operation, the authorized beds from that existing facility shall be held available by the department for eighteen months from the date the facility closes and shall be available for use by an entity licensed to operate a nursing facility pursuant to this chapter. Source: SL 2019, ch 143, §1.
SD Codified L § 34-12-39.7 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-39.7 - Authorization to construct new nursing facility in Moody County.

34-12-39.7. Authorization to construct new nursing facility in Moody County.Notwithstanding the provisions of §§34-12-35.4 and 34-12-39.2, a new nursing facility may be constructed and operated on the Flandreau Santee Sioux Reservation in Moody County, South Dakota. The nursing facility must meet the specifications of this chapter for a licensed nursing facility to participate in the Medicaid program. The number of beds in the new facility may not exceed fifty. Source: SL 2020, ch 142, § 1, eff. Mar. 24, 2020.
SD Codified L § 34-12-40 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-40 - Continuing care agreement defined.

34-12-40. Continuing care agreement defined.For the purposes of §§34-12-40 to 34-12-47, inclusive, a continuing care agreement is an agreement to provide a person board and lodging, in addition to care in a nursing facility or assisted living center, as defined in §34-12-1.1, for the duration of the person's life, in consideration for an entrance fee paid to the provider. Source: SL 1998, ch 206, §1.
SD Codified L § 34-12-41 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-41 - Entrance fee defined.

34-12-41. Entrance fee defined.For the purposes of §§34-12-40 to 34-12-47, inclusive, an entrance fee is an initial or deferred transfer to a provider of a sum of money, or other property, made or promised to be made, as a full or partial consideration for acceptance of the person in the facility under a continuing care agreement, if the amount exceeds five thousand dollars or the sum of periodic charges for three months of residency, whichever is greater. Source: SL 1998, ch 206, §2.
SD Codified L § 34-12-42 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-42 - Continuing care retirement community defined.

34-12-42. Continuing care retirement community defined.For the purposes of §§34-12-40 to 34-12-47, inclusive, a continuing care retirement community is a facility that offers any person, under a continuing agreement, board and lodging, in addition to care in a nursing facility or assisted living center, regardless of whether the lodging and care is provided at the same location. Source: SL 1998, ch 206, §3.
SD Codified L § 34-12-43 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-43 - Agreements--Exemptions--Insurance.

34-12-43. Agreements--Exemptions--Insurance.A continuing care retirement community and any agreement it enters into with its residents is not subject to any provision of Title 58 except as contained in this section. This section does not provide any exemption for the sale of long-term care or other insurance product to a continuing care retirement community. This section does not provide any exemption for the sale of long-term care or other insurance products by persons other than the continuing care retirement community to residents of the continuing care retirement community. Source: SL 1998, ch 206, §4.
SD Codified L § 34-12-44 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-44 - Information to be provided.

34-12-44. Information to be provided.A continuing care retirement community shall provide the following information to any resident or prospective resident: information about all owners and operators of the facility; the affiliation, if any, with other charitable, nonprofit, or religious organizations and any financial obligations of these organizations for the operation of the facility; a description of the goods and services available to the resident as part of the agreement; a listing of services available to residents for extra cost; a description of fees charged to residents; and the most recent financial statement of the provider. Source: SL 1998, ch 206, §5.
SD Codified L § 34-12-45 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-45 - Escrow of fees.

34-12-45. Escrow of fees.Any provider proposing to develop a new continuing care retirement community, which has not previously been in operation in this state, shall establish an escrow account with a bank in this state. Any entrance fees or portions of the entrance fees collected from prospective residents before the commencement of operation of the planned facility shall be deposited in this account. Escrowed deposits may not be released to the provider until completion of construction of the facility as evidenced by certificates of occupancy or other permits to commence operation. Deposits shall be released to prospective residents within thirty days of a receipt of a written notice of cancellation. The provider may retain any accrued interest from canceled deposits and a service fee not to exceed five hundred dollars. A copy of the escrow agreement shall be filed with the director of the Division of Insurance. Source: SL 1998, ch 206, §6.
SD Codified L § 34-12-46 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-46 - Construction--Fees.

34-12-46. Construction--Fees.Any new continuing care retirement community may not start construction until escrowed deposits of at least ten percent of the proposed entrance fee has been received for at least fifty percent of the proposed living units planned to be constructed. This section does not apply to the building of a continuing care retirement community if the funds used for building such facility are exclusively derived from sources other than prospective residents. Source: SL 1998, ch 206, §7.
SD Codified L § 34-12-47 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-47 - Notification of escrow accounts.

34-12-47. Notification of escrow accounts.The provider shall notify the director of the Division of Insurance when the required amount of escrowed deposits have been reached for construction to start. In addition, notice shall be provided to the director of the Division of Insurance when escrowed deposits are released to the provider. Source: SL 1998, ch 206, §8.
SD Codified L § 34-12-49 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-49 - Use of state funds to construct nursing facility on American Indian reservation prohibited.

34-12-49. Use of state funds to construct nursing facility on American Indian reservation prohibited.No state funds may be used for the construction of a nursing facility built pursuant to §34-12-48. (Section 34-12-49 is repealed by SL 2003, ch 180, §3, effective June 30, 2005.) Source: SL 2003, ch 180, §2.
SD Codified L § 34-12-50 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-50 - Court order for medical treatment of disabled adult under treatment by spiritual means.

34-12-50. Court order for medical treatment of disabled adult under treatment by spiritual means.If a disabled adult is under treatment solely by spiritual means, the court may, upon good cause shown, order that medical treatment be provided for that disabled adult. Source: SL 2005, ch 120, §340, eff. July 1, 2006.
SD Codified L § 34-12-51 (2021)
2021 South Dakota Codified Laws|Title 34 - Public Health and Safety|Chapter 12 - Regulation Of Hospitals And Related Institutions|Section 34-12-51 - Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability.

34-12-51. Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability.Any institution regulated pursuant to chapter 34-12 and any employee, agent, or member of a medical or dental staff thereof who, in good faith, makes a report of abuse, exploitation, or neglect of any elder or disabled adult, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the report. This immunity extends in a like manner to any public official involved in the investigation of abuse, exploitation, or neglect of any elder or disabled adult, or to any person or institution who in good faith cooperates with any public officials in an investigation. The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act. Source: SL 1991, ch 195; SDCL §22-46-6; SL 2005, ch 120, §§343, 344; SL 2007, ch 147, §6.