South Dakota Code § 34-12-35.6

Redistribution of existing nursing facility beds
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Notwithstanding the provisions of §§
34-12-35.4
and
34-12-39.2
, the Department of Health may authorize the increase in the number of beds in an existing nursing facility or may authorize the construction of a new nursing facility as defined in §
34-12-1.1
, so long as the total number of nursing facility beds statewide does not exceed the total number of beds in existence statewide on July 1, 2005.

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