44:75:01:09Modifications.

The department may approve modifications to the staffing requirements provided in § 44:75:03:02 or 44:75:06:05 for facilities that are physically combined and jointly operated if: (1) A hospital and nursing facility are co-located and the nursing facility has a licensed bed capacity of sixteen or less or the hospital has an acute care patient daily census of less than five: or (2) A hospital and assisted living center are co-located. The health and safety of the patients in either facility may not be jeopardized. Modifications to the staffing requirements in this article may be approved by the department for a critical access hospital if there are no acute care or swing bed patients present. A modification specified by this section may be requested by the health care facility.

Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective November 27, 2023.