34-12-39.2. Limit on new nursing facilities. 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 is required in order 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; or
(5) Improve physical conditions which are related to operational or functional deficiencies.
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.
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