SDCL § 34-12-35.8: Proposals to address identified need for additional nursing facility beds or new nursing facilities--Promulgation of rules.

If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with § 34-12-35.7, the department shall solicit and evaluate proposals to address the identified need. In doing so the department shall utilize the process and criteria established in §§ 5-18D-17 to 5-18D-20, inclusive. Additionally, the Department of Health may promulgate rules pursuant to chapter 1-26 to establish additional criteria specific to the identified need. The rules may include criteria pertaining to:

(1) Minimum nursing facility occupancy rates;

(2) Unique characteristics of the area and population to be served;

(3) Proposal viability, including financial business plan information and payor source information;

(4) Local community support for the proposed project;

(5) Benchmarks for quality assurance;

(6) Additional services to be provided; and

(7) Ability to meet workforce needs.