The department shall establish provisional per diem rates for newly constructed facilities and for facilities experiencing major expansion. The department shall calculate provisional per diem rates according to § 67:16:04:54 and shall base the rates on projected costs to be submitted to the department prior to the opening date of a newly constructed facility. Provisional per diem rates are effective for six months only. After six months, the department shall adjust rates retroactively on the basis of actual costs.

Source: 16 SDR 26, effective August 13, 1989; 17 SDR 50, effective October 7, 1990; 18 SDR 67, effective October 13, 1991; transferred from § 67:16:04:07.05, 21 SDR 8, effective July 25, 1994; 26 SDR 5, effective July 1, 1999; 26 SDR 21, effective August 24, 1999; 35 SDR 312, effective July 6, 2009.

General Authority: SDCL 28-6-1(2).

Law Implemented: SDCL 28-6-1(2).