To determine the nondirect care per diem rate of a facility, the department shall use the facility's actual occupancy, or three percent less than the statewide average of all nursing facilities, whichever is greater.

The department shall waive this provision for the first twelve months of operation of a newly constructed facility that does not replace an existing facility. For the second twelve months, the occupancy factor used to establish the facility's per diem rate is three percent less than the statewide average of all nursing facilities, or the facility's actual occupancy for the last quarter of the first twelve months prorated to twelve months, whichever is greater.

Source: 15 SDR 68, effective November 7, 1988, effective July 1, 1989; 17 SDR 50, effective October 7, 1990; 18 SDR 67, effective October 13, 1991; transferred from § 67:16:04:06.04 , 21 SDR 8, effective July 25, 1994; 29 SDR 177, effective July 1, 2003; 29 SDR 177, adopted July 1, 2003, effective July 1, 2004 ; 50 SDR 11, effective August 7, 2023 .

General Authority: SDCL 28-6-1 .

Law Implemented: SDCL 28-6-1 .

Prior versions effective: 2004-07-01.