Chapter 12 - REGULATION OF HOSPITALS AND RELATED INSTITUTIONS

Section 34-12-NEW - [Newly enacted section not yet numbered] [Effective 7/1/2024]
Section 34-12-1 - [Repealed]
Section 34-12-1.1 - [Effective Until 7/1/2024] Definition of terms
Section 34-12-1.1 - [Effective 7/1/2024] Definition of terms
Section 34-12-2 - License required to operate institution
Section 34-12-2.1 - Unlicensed institutions ineligible for state or federal funds
Section 34-12-3 - Licensed child welfare agencies exempt from chapter
Section 34-12-4 - Lodging establishments exempt from chapter
Section 34-12-5 - Application for license-Contents-Issuance of license-Denial-Contesting the denial
Section 34-12-6 - Amount of license fee-Disposition
Section 34-12-7 - Department of Health authorized to issue licenses-Promulgation of rules
Section 34-12-8 - Provisional licenses-Circumstances under which issued
Section 34-12-8.1 - Probationary licenses-Circumstances under which issued-Issuance of regular license after inspection-Certain new admissions prohibited during probation
Section 34-12-9 - License not transferable
Section 34-12-10 - [Repealed]
Section 34-12-11 - [Repealed]
Section 34-12-11.1 - Disclosure of public reimbursement rates required of nursing homes and related institutions
Section 34-12-11.2 - Visitation of patients and residents-Required post
Section 34-12-12 - Lodging and food service laws not applicable to licensees
Section 34-12-13 - Rules to protect patients' health and safety
Section 34-12-14 - Application of regulations and standards to Christian Science institution
Section 34-12-15 - Inmate records and statistics required of institutions-Copy to patient and certain other persons on request-Reproduction cost-No liability for compliance-Section not applicable to chemical dependency treatment facilities
Section 34-12-15.1 - Handling of residents' funds by nursing homes-Definition of terms
Section 34-12-15.2 - Residents' funds kept separate-Free from facility's liabilities
Section 34-12-15.3 - Deposit in bank of residents' funds not kept at nursing facility-Public facility to deposit with state treasurer
Section 34-12-15.4 - [Repealed]
Section 34-12-15.5 - Surety bond required of nursing facilities handling large amounts of residents' funds-Amount of bond
Section 34-12-15.6 - Records required on residents' funds-Form-Receipts kept
Section 34-12-15.7 - Records of residents' funds available for audit
Section 34-12-15.8 - Noncompliance as ground for revocation of administrator's license
Section 34-12-15.9 - Surrender of funds on discharge of resident-Time allowed
Section 34-12-15.10 - Escheat of unclaimed funds of deceased resident-Notice and transfer to state
Section 34-12-16 - Inspection of licensed health care facilities-Exception-Refusal to allow inspection-Revocation proceedings
Section 34-12-17 - Information received by department confidential-Disclosure
Section 34-12-18 - Unlicensed operation as misdemeanor
Section 34-12-19 - Grounds for suspension or revocation of license
Section 34-12-20 - Procedure for suspension or revocation of license
Section 34-12-21 - New license issued after suspension or revocation
Section 34-12-22 - Appeal from department
Section 34-12-23, 34-12-24 - [Repealed]
Section 34-12-25 - [Repealed]
Section 34-12-26 to 34-12-28 - [Repealed]
Section 34-12-29 - Promulgation of rules regarding nurse aide registration
Section 34-12-30 - Notice from nursing facility required when resident's trust account approaches resource limit in medical assistance program
Section 34-12-31 - No charge against resident funds for services paid under medical assistance program
Section 34-12-32 - Residential services for elderly or disabled persons-Registration-Forms and procedures-Violation as misdemeanor
Section 34-12-33 - Inspection of elderly or disabled person residential care facility-Authorization-Scope of inspection
Section 34-12-34 - Failure to register-Notice-Closure
Section 34-12-35 - [Repealed]
Section 34-12-35.1 - [Repealed]
Section 34-12-35.2 - [Repealed]
Section 34-12-35.3 - [Repealed]
Section 34-12-35.4 - Number of beds in nursing facility
Section 34-12-35.5 - Access critical nursing facilities
Section 34-12-35.6 - Redistribution of existing nursing facility beds
Section 34-12-35.7 - Annual consideration of need for additional nursing facility beds or new nursing facilities
Section 34-12-35.8 - Proposals to address identified need for additional nursing facility beds or new nursing facilities-Promulgation of rules
Section 34-12-35.9 - Authorization to increase number of nursing facility beds
Section 34-12-35.10 - Nursing facility beds at Michael J Fitzmaurice Veterans Home
Section 34-12-35.11 - Annual report to legislative committees on need for additional nursing facility beds or nursing facilities
Section 34-12-35.12 - Regional nursing facility-Designation
Section 34-12-36 - [Repealed]
Section 34-12-36.1 - [Repealed]
Section 34-12-37 - Limit on the number of assisted living center beds which may be changed to nursing facility beds in certain nursing facilities
Section 34-12-38 - Interest of Department of Social Services in funds of deceased resident receiving medical assistance
Section 34-12-39 - [Repealed]
Section 34-12-39.1 - [Repealed]
Section 34-12-39.2 - New nursing facilities-Limitations-Requirements
Section 34-12-39.3 - [Repealed]
Section 34-12-39.4 - New nursing facility as part of existing facility
Section 34-12-39.5 - Authorization to construct new nursing facility
Section 34-12-39.6 - Closure of existing nursing facility-Availability of authorized beds
Section 34-12-39.7 - Authorization to construct new nursing facility in Moody County
Section 34-12-39.8 - Authorization to construct new nursing facility in Lyman County
Section 34-12-40 - Continuing care agreement defined
Section 34-12-41 - Entrance fee defined
Section 34-12-42 - Continuing care retirement community defined
Section 34-12-43 - Agreements-Exemptions-Insurance
Section 34-12-44 - Information to be provided
Section 34-12-45 - Escrow of fees
Section 34-12-46 - Construction-Fees
Section 34-12-47 - Notification of escrow accounts
Section 34-12-48, 34-12-49 - [Repealed]
Section 34-12-50 - Court order for medical treatment of disabled adult under treatment by spiritual means
Section 34-12-51 - Immunity from liability for reporting abuse, exploitation, or neglect of elder or adult with a disability
Section 34-12-52 - Definition of terms related to trauma care system
Section 34-12-53 - Trauma care system and statewide trauma registry
Section 34-12-54 - Promulgation of rules regarding trauma care system
Section 34-12-55 - Each facility to meet requirements of one of designated levels of trauma hospital
Section 34-12-56 - Nursing facility construction on American Indian reservations
Section 34-12-56.1 - [Repealed]
Section 34-12-56.2 - Nursing facility on Cheyenne River Indian Reservation
Section 34-12-57 - Services of licensed birth center
Section 34-12-58 - Location of birth center
Section 34-12-59 - License required to operate birth center
Section 34-12-60 - Facilities exempt from birth center license requirements
Section 34-12-61 - Application for birth center license
Section 34-12-62 - Promulgation of rules for birth centers
Section 34-12-63 - Risk assessment system for birth centers
Section 34-12-64 - Certain medical foster homes for veterans exempt from chapter
Section 34-12-65 - Freestanding emergency medical care facility certified as hospital department exempt from licensing provisions
Section 34-12-66 - Mammogram reports required to include information on breast density
Section 34-12-67 - Assisted living facility-Resident-Visitation rights
Section 34-12-68 - Visitation policies and procedures-Limitations and restrictions-Notice-Review
Section 34-12-69 - Guidance documents-Visitation-Posting requirement