A hospital with less than 100 staffed beds may offer swing-bed services after obtaining approval from the department pursuant to § 44:75:11:11. A hospital with less than 50 staffed beds may not designate more than one-half of its staffed beds as swing beds, but a hospital with less than 50 licensed beds may designate up to one-half of its licensed beds as swing beds. A critical access hospital may have no more than 15 swing beds. A hospital with 50 to 99 staffed beds, inclusive, may not designate more than 10 beds as swing beds. A hospital which subsequently exceeds 99 staffed beds may not offer swing-bed services. For purposes of this section and § 44:75:11:11, staffed beds are inpatient beds utilized and staffed for by the hospital, exclusive of beds for newborn, obstetrical delivery, intensive care, coronary care, and any psychiatric or rehabilitation unit excluded from the Medicare prospective payment system, except during a catastrophe, such as a disaster or epidemic, to which the hospital responds.

Source: 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; 27 SDR 59, effective December 17, 2000; 29 SDR 81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; transferred from § 44:04:11:11, 42 SDR 51, effective October 13, 2015.

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

Law Implemented: SDCL 34-12-13(12).