CHAPTER 180

(SB 38)

Nursing facility bed moratorium continued.

         ENTITLED, An Act to  continue the moratorium on new nursing facility beds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That chapter 34-12 be amended by adding thereto a NEW SECTION to read as follows:

     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 the effective date of this Act.

     Section  2.  That chapter 34-12 be amended by adding thereto a NEW SECTION to read as follows:

     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 is required in order 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; or

             (5)    Improve physical conditions which are related to operational or functional deficiencies.

     Signed February 9, 2005

_______________