The Department of Human Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria: (1) No other nursing facility is located within twenty miles; (2) The nursing facility is located in the largest municipality within thirty-five miles, unless the next closest nursing facility is located more than fifty miles from any other nursing facility; (3) The nursing facility provides nursing facility services; (4) The nursing facility is integrated with other health care services, either through affiliation with other services or through formal agreement; (5) The current five-year average number of occupied beds in the facility is less than sixty; and (6) The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to § 34-12-35.4 .
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