Section 34-12-39.2 - Limit on new nursing facilities. - South Dakota Statutes

34-12-39.2. Limit on new nursing facilities. 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.

Source: SL 2005, ch 180, § 2.