Notwithstanding the provisions of § 34-12-39.2 , a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive. Any new nursing facility authorized in accordance with §§ 34-12-35.6 to 34-12-35.8 , inclusive shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established.
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