AMENDMENT FOR PRINTED BILL
61je
___________________ moved that SB 61 be amended as follows:
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That chapter 34-12 be amended by adding a NEW SECTION to read:
Notwithstanding any other provisions of this chapter, if an existing nursing facility ceases
operation the authorized nursing facility beds from that existing facility will be held available by the
department for eighteen months from date of closure and be available for use by an organization. The
organization shall become licensed pursuant to this chapter before the organization may operate a
nursing facility.
Section 2. That § 34-12-39.2 be amended to read:
34-12-39.2. 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 may be located within sixty miles of the existing
facility. "