The department may approve modifications to the staffing requirements provided in § 44:73:03:02 licensed facilities that are physically combined and jointly operated if:

1. (1) A hospital and nursing facility are co-located and the nursing facility has a licensed bed capacity of sixteen or less or the hospital has an acute care patient daily census of less than five; or

2. (2) A nursing facility and assisted living center are co-located.

   To obtain a modification, the facility must submit a request in writing and explain how the modification will not jeopardize the health and safety of the patients or residents in either facility.

Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective December 10, 1987; 15 SDR 155, effective April 20, 1989; 22 SDR 70, effective November 19, 1995; 26 SDR 96, effective January 23, 2000; 29 SDR 81, effective December 11, 2002; 38 SDR 115, effective January 9, 2012; transferred from § 44:04:01:08 , 42 SDR 51, effective October 13, 2015 ; 51 SDR 53, effective November 11, 2024 .

General Authority: SDCL 34-12-13 .

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2015-10-13.