South Dakota § 34-12-35.5 - Access critical nursing facilities.
Full text of South Dakota South Dakota Codified Laws § 34-12-35.5 — Access critical nursing facilities., with citation guidance and answers to common questions.
§ 34-12-35.5. Access critical nursing facilities.
The Department of Human Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria:
(1) No other nursing facility is located within twenty miles;
(2) The nursing facility is located in the largest municipality within thirty-five miles, unless the next closest nursing facility is located more than fifty miles from any other nursing facility;
(3) The nursing facility provides nursing facility services;
(4) The nursing facility is integrated with other health care services, either through affiliation with other services or through formal agreement;
(5) The current five-year average number of occupied beds in the facility is less than sixty; and
(6) The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to § 34-12-35.4.
Source: SL 2011, ch 154, § 1; SL 2021, ch 140, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34-12-35.5
What does South Dakota Codified Laws § 34-12-35.5 cover?
Section 34-12-35.5 ("Access critical nursing facilities.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 34-12-35.5?
A common citation format is "South Dakota Codified Laws § 34-12-35.5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 34-12-35.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.