The department may approve modifications to the staffing requirements provided in § 44:75:03:02 or 44:75:06:05 for 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 hospital and assisted living center are co-located.

   The health and safety of the patients in either facility may not be jeopardized.

   Modifications to the staffing requirements in this article may be approved by the department for a critical access hospital if there are no acute care or swing bed patients present.

   A modification specified by this section may be requested by the health care facility.

Source: 42 SDR 51, effective October 13, 2015 ; 50 SDR 62, effective November 27, 2023 .

General Authority: SDCL 34-12-13 (5)(14).

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2015-10-13.