reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-39.8 - Authorization to construct new nursing facility in Lyman County.

34-12-39.8. Authorization to construct new nursing facility in Lyman 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 Lower Brule Sioux Reservation in Lyman 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 nursing facility may not exceed fifty.
Source:
SL 2022, ch 105, §1, eff. Mar. 18, 2022.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-52 - Definition of terms related to trauma care system.

34-12-52. Definition of terms related to trauma care system.
Terms used in this section and §§34-12-53 to 34-12-55, inclusive, mean:
(1)"Department," the Department of Health;
(2)"Emergency medical services," health care provided to the patient at the scene, during transportation to a medical facility, between medical facilities, and upon entry at the medical facility;
(3)"Trauma," a sudden, severe injury or damage to the body caused by an external force that results in potentially life-threatening injuries or that could result in the following disabilities:
(a)Impairment of cognitive or mental abilities;
(b)Impairment of physical functioning; or
(c)Disturbance of behavioral or emotional functioning;
(4)"Trauma care system," a statewide system for the prevention of trauma and the provision of optimal medical care to trauma victims that includes both the provision of appropriate health care services and provision of emergency medical care, equipment, and personnel for effective and coordinated prehospital, hospital, inter-hospital, and rehabilitative care for trauma patients;
(5)"Trauma hospital," a hospital designated by the department as providing a specialized program in trauma care with appropriately trained personnel, equipment, and other facility resources that are specifically organized to provide optimal care to a trauma patient at the facility; and
(6)"Trauma registry," patient-specific trauma data that is maintained by a health care facility, in a format prescribed by rules promulgated pursuant to §34-12-54.
Source: SL 2008, ch 168, §1; SL 2017, ch 150, §3; SL 2022, ch 103, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-53 - Trauma care system and statewide trauma registry.

34-12-53. Trauma care system and statewide trauma registry.
The department shall develop, implement, and administer a trauma care system including a statewide trauma registry that involves all hospitals, freestanding emergency medical care facilities, rural emergency hospitals, and emergency medical services within the state.
Source: SL 2008, ch 168, §2; SL 2017, ch 150, §4; SL 2022, ch 103, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-54 - Promulgation of rules regarding trauma care system.

34-12-54. Promulgation of rules regarding trauma care system.
The department shall promulgate rules, pursuant to chapter 1-26, to provide for a trauma care system and statewide trauma registry. The rules shall include:
(1)Designation of the levels of trauma hospitals or freestanding emergency medical care facilities and the resources each hospital or freestanding emergency medical care facility is required to have concerning personnel, equipment, data collection, and organizational capacity for each level;
(2)Prehospital emergency medical services triage and treatment protocols for trauma patients; and
(3)Requirements for collection and release of trauma registry data.
Source:
SL 2008, ch 168, §3; SL 2017, ch 150, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-55 - Each facility to meet requirements of one of designated levels of trauma hospital.

34-12-55. Each facility to meet requirements of one of designated levels of trauma hospital.
Each hospital or freestanding emergency medical care facility shall meet the requirements of one of the designated levels of trauma hospitals as provided for in §34-12-54. The department may not direct a hospital or freestanding emergency medical care facility to establish a certain level of designation.
Source:
SL 2008, ch 168, §4; SL 2017, ch 150, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-56 - Nursing facility construction on American Indian reservations.

34-12-56. Nursing facility construction on American Indian reservations.
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 on any American Indian reservation that is wholly or partially located west of the one hundred second meridian if the facility is needed to serve a local population previously unserved through lack of nursing facilities within a forty-five-mile radius. No more than one such nursing facility may be located within the same American Indian reservation, and the number of beds in the nursing facility may not exceed fifty. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the medicaid program.
No state funds may be used for the construction of a nursing facility built pursuant to this section.
Source:
SL 2010, ch 171, §§1, 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-56.2 - Nursing facility on Cheyenne River Indian Reservation.

34-12-56.2. Nursing facility on Cheyenne River Indian Reservation.
Notwithstanding the provisions of §§34-12-39.2 and 34-12-35.4, a new nursing home may be operated and maintained on the Cheyenne River Indian Reservation located in Eagle Butte, South Dakota. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the Medicaid program. The number of nursing facility beds in the new facility may not exceed fifty.
Source:
SL 2017, ch 152, §1, eff. Feb. 9, 2017.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-57 - Services of licensed birth center.

34-12-57. Services of licensed birth center.
Any birth center licensed by the state in accordance with this chapter, may operate to provide care for women before, during, and after normal pregnancy, labor, and birth.
Source:
SL 2011, ch 155, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-58 - Location of birth center.

34-12-58. Location of birth center.
Any birth center shall be located within thirty minutes normal driving time of a hospital licensed pursuant to this chapter that provides routine birth services.
Source:
SL 2011, ch 155, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-59 - License required to operate birth center.

34-12-59. License required to operate birth center.
Except as provided in §34-12-60, no person may establish or operate a birth center in this state without an appropriate license issued under §§34-12-57 to 34-12-63, inclusive.
Source:
SL 2011, ch 155, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-60 - Facilities exempt from birth center license requirements.

34-12-60. Facilities exempt from birth center license requirements.
The following facilities are exempt from the requirements of §§34-12-57 to 34-12-63, inclusive:
(1)A hospital licensed pursuant to this chapter; and
(2)A critical access hospital licensed pursuant to this chapter.
Source:
SL 2011, ch 155, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-61 - Application for birth center license.

34-12-61. Application for birth center license.
An applicant for a birth center license shall submit an application to the Department of Health on a form prescribed by the department. The application shall be accompanied by a nonrefundable license fee of five hundred dollars. The department shall issue a license if, after inspection and investigation, the department finds that the application and birth center meet the requirements of §§34-12-57 to 34-12-63, inclusive. The birth center license is renewable annually on a form prescribed by the department.
Source:
SL 2011, ch 155, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-62 - Promulgation of rules for birth centers.

34-12-62. Promulgation of rules for birth centers.
The Department of Health shall promulgate rules pursuant to chapter 1-26 for the issuance, renewal, denial, suspension, and revocation of a license to operate a birth center. The department shall adopt, by rules promulgated pursuant to chapter 1-26, minimum standards to protect the health and safety of mothers and infants of a birth center. The rules shall establish minimum standards regarding:
(1)Facility safety, including fire safety and construction, ADA accessibility, and sanitation;
(2)Qualifications and supervision of professional and nonprofessional personnel, including certification in neonatal and maternal CPR;
(3)Emergency equipment and procedures to provide emergency care;
(4)Medical records and reports;
(5)Birthing room requirements, including minimum size requirements;
(6)Support areas for patients, including toilet, hand washing station, and bath/shower facility;
(7)Infection control, including cleaning and laundry requirements, scrub area, decontamination, disinfection, sterilization, and storage of sterile supplies, storage for soiled product, and disposal of medical waste;
(8)Medication control;
(9)Quality assurance;
(10)Information on and access to patient follow-up care;
(11)Informed consent and disclosure requirements;
(12)Patient screening, assessment, and monitoring, including transport protocols and physician referral protocols; and
(13)Administrative and public areas, including staff support areas, reception area, family room, public restroom with toilet and hand washing station, nourishment area, record storage, and provisions for drinking water.
Source:
SL 2011, ch 155, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-63 - Risk assessment system for birth centers.

34-12-63. Risk assessment system for birth centers.
A birth center shall adopt, implement, and enforce a written risk assessment system that conforms to the patient assessment protocols established pursuant to §34-12-62. A birth center shall perform the risk assessment of a potential client prior to accepting the client for admission and shall only admit a client that has been assessed to have a low-risk pregnancy. A birth center client shall be continually assessed to identify if her condition deviates from a low-risk pregnancy at any time during the pregnancy, delivery, or postpartum period. The birth center shall refer or transfer the client to a physician or hospital in accordance with the standards established pursuant to §34-12-62.
Source:
SL 2011, ch 155, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-64 - Certain medical foster homes for veterans exempt from chapter.

34-12-64. Certain medical foster homes for veterans exempt from chapter.
The provisions of this chapter do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a medical foster home in which care is provided exclusively to three or fewer veterans. The South Dakota Department of Veterans Affairs shall provide an annual report to the Governor and Legislature by December first of each year outlining the scope and effectiveness of the medical foster home program in South Dakota.
Source:
SL 2011, ch 156, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-65 - Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions.

34-12-65. Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions.
Any freestanding emergency medical care facility that is federally certified as a department of a hospital is exempt from the freestanding emergency medical care facility licensing and license fee provisions of this chapter.
Source:
SL 2017, ch 150, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-66 - Mammogram reports required to include information on breast density.

34-12-66. Mammogram reports required to include information on breast density.
Any health care facility as defined in §34-12-1.1 that performs mammography services shall include information on breast density in the mammogram report that is required to be sent to each mammography patient under the Federal Mammography Quality Standards Act (42 U.S.C. Section 263b), as amended to January 1, 2019. The information shall identify the patient's individual breast density classification as determined by the interpreting physician based on the breast imaging reporting and data system standards established by the American College of Radiology. If the interpreting physician determines that a patient has heterogeneously or extremely dense breasts, the mammogram report shall include the following notice:
"Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is not abnormal. It is found in more than forty percent of women. However, dense breast tissue may make it harder to detect cancer on a mammogram and may also be associated with an increased risk of breast cancer. This information is given to you and your health care provider to raise your awareness of breast density. We encourage you to talk with your health care provider about this and other breast cancer risk factors. Together, you can decide if additional breast imaging would be beneficial based on your mammogram results, risk factors, and physical examination."
Notwithstanding any other provision of law, this section does not create a cause of action or create a standard of care, obligation, or duty beyond the duty to provide notice as set forth in this section.
This section does not require a notice that is inconsistent with the provisions of the Federal Mammography Quality Standards Act or any regulations adopted under the act.
Source:
SL 2019, ch 144, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-67 - Assisted living facility--Resident--Visitation rights.

34-12-67. Assisted living facility--Resident--Visitation rights.
Each resident of an assisted living facility has a right to receive visitors of the resident's own choosing, at the time of the resident's own choosing, provided the visitation does not impose upon the rights of another resident.
In addition to those persons granted access to a resident in accordance with their official capacities, a facility must provide access to any resident by:
(1)A member of the resident's immediate family and other relatives of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent;
(2)Any other person visiting with the consent of the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent; and
(3)Any person providing health, social, legal, or other services to the resident, subject to reasonable clinical and safety restrictions and the resident's right to deny or withdraw consent.
Source:
SL 2021, ch 142, § 1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-68 - Visitation policies and procedures--Limitations and restrictions--Notice--Review.

34-12-68. Visitation policies and procedures--Limitations and restrictions--Notice--Review.
An assisted living facility shall post on its website, if one exists, and in a conspicuous place within the facility, all policies and procedures pertaining to the visitation rights set forth in §34-12-67. The facility shall, prior to the signing of an occupancy contract with a resident and at least annually thereafter, provide electronic copies of the visitation policies and procedures to the resident and the resident's designated family members and shall provide printed copies upon request.
If in accordance with federal or state laws, or if in accordance with best clinical practices during a health emergency, the visitation policies and procedures must be limited or restricted, the facility shall inform each resident and designated family members and shall provide electronic or, if requested, printed notices regarding the limitations and restrictions, the reason and rationale for such, and the period of time that the limitations and restrictions are to remain in effect. The facility shall also post such information on its website, if one exists.
Any limitations and restrictions instituted in accordance with this section must be reviewed at least every thirty days. The facility shall provide notice of the review to residents and designated family members, encourage the submission of written and oral comments, and give due consideration to the submissions.
If after the required review the facility determines that the limitations or restrictions are to be continued, the facility shall post notice of the continuation on the facility's website, if one exists, and in a conspicuous place within the facility. The notice must include:
(1)The citation of the federal or state law being implemented; or
(2)A link to evidence-based research indicating that the continuation is clinically necessary for the health and safety of the residents.
A printed copy of the applicable laws or evidence-based research must be provided upon request.
Source:
SL 2021, ch 142, § 2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 12 - Regulation Of Hospitals And Related Institutions › Section 34-12-69 - Guidance documents--Visitation--Posting requirement.

34-12-69. Guidance documents--Visitation--Posting requirement.
During a health emergency, each facility shall post on its website, if one exists, a link to the most recent guidance documents provided from or through the Department of Health and pertaining to the imposition of restrictions or limitations on visitation and the conditions under which such restrictions or limitations may be reduced or removed.
Source:
SL 2021, ch 142, § 3.