{"data":{"id":"us-sd/sdcl-34-12-39.2","jurisdiction":"us-sd","citation":"SDCL § 34-12-39.2","heading":"New nursing facilities--Limitations--Requirements.","body":"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 has met at least one of the following requirements to:\n(1) Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;\n(2) Comply with state licensure standards;\n(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;\n(4) Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions;\n(5) Improve physical conditions which are related to operational or functional deficiencies; or\n(6) Consolidate, merge, or join another health care or long-term service provider.\nThe replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility.","path":["TITLE 34. PUBLIC HEALTH AND SAFETY","CHAPTER 34-12. REGULATION OF HOSPITALS AND RELATED INSTITUTIONS"],"source_url":"https://sdlegislature.gov/Statutes/34-12-39.2","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"9da3ff9b5bb51692321ab69ee4ddeda774e79a50859a6a66e7ae0fa77d294b7a","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-34-12-39.1","next":"us-sd/sdcl-34-12-39.3"},"notice":"GroundRules: Original legal text. Not legal advice."}