An Act to revise certain provisions regarding access critical nursing facilities.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-12-35.5 be AMENDED.

34-12-35.5. Access critical nursing facilities.

The Department of Social 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 skilled 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 projected nursing facility demand within the county in which the facility is located is less than sixty beds in 2015 The current five-year average number of occupied beds in the facility is fifty-five sixty or less; and

(6) The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to § 34-12-35.4.