South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:16 - Covered medical services
Chapter 67:16:04 - Nursing facility rate setting
Section 67:16:04:49 - Occupancy

When determining a facility's nondirect care per diem rate, the department shall use the facility's actual occupancy or three percent less than the statewide average of all nursing facilities, whichever is greater.

The department shall waive this provision for the first twelve months of operation of a newly constructed facility that does not replace an existing facility. For the second twelve months, the occupancy factor used to establish the facility's per diem rate is three percent less than the statewide average of all nursing facilities or the facility's actual occupancy for the last quarter of the first twelve months prorated to - twelve months, whichever is greater.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1(2).