21.544.15 96th Legislative Session 753

2021 South Dakota Legislature

Senate Bill 167


An Act

ENTITLED An Act to establish criteria for a regional nursing facility designation.

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

Section 1. That a NEW SECTION be added:

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.

An Act to establish criteria for a regional nursing facility designation.

I certify that the attached Act originated in the:

Senate as Bill No. 167

Secretary of the Senate

President of the Senate


Secretary of the Senate

Speaker of the House


Chief Clerk

Senate Bill No. 167

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