21.243.13 96th Legislative Session 400

2021 South Dakota Legislature

Senate Bill 32


An Act

ENTITLED 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 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.

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

I certify that the attached Act originated in the:

Senate as Bill No. 32

Secretary of the Senate

President of the Senate


Secretary of the Senate

Speaker of the House


Chief Clerk

Senate Bill No. 32

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.


for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021




Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State


Asst. Secretary of State