If a need for additional nursing facility beds or additional new nursing facilities or both in a defined area is identified by the Department of Health in accordance with § 34-12-35.7 , the department shall solicit and evaluate proposals to address the identified need. In doing so the department shall utilize the process and criteria established in §§ 5-18D-17 to 5-18D-20 , inclusive. Additionally, the Department of Health may promulgate rules pursuant to chapter 1-26 to establish additional criteria specific to the identified need. The rules may include criteria pertaining to: (1) Minimum nursing facility occupancy rates; (2) Unique characteristics of the area and population to be served; (3) Proposal viability, including financial business plan information and payor source information; (4) Local community support for the proposed project; (5) Benchmarks for quality assurance; (6) Additional services to be provided; and (7) Ability to meet workforce needs.
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