34-12-39.2. New nursing facilities--Limitations--Requirements.
No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and has met at least one of the following requirements to:
(1)Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;
(2)Comply with state licensure standards;
(3)Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004;
(4)Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions;
(5)Improve physical conditions which are related to operational or functional deficiencies; or
(6)Consolidate, merge, or join another health care or long-term service provider.
The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility.
Source: SL 2005, ch 180, §2; SL 2019, ch 143, §2; SL 2020, ch 141, § 1.