Section 34-12-39.2 - New nursing facilities-Limitations-RequirementsNo 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 has met at least one of the following requirements 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;(5) Improve physical conditions which are related to operational or functional deficiencies; or(6) Consolidate, merge, or join another health care or long-term service provider.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.
SL 2005, ch 180, §2; SL 2019, ch 143, §2; SL 2020, ch 141, § 1.Amended by S.L. 2020, ch. 141,s. 1, eff. 7/1/2020.Amended by S.L. 2019, ch. 143,s. 2, eff. 7/1/2019.