Certificate of need · South Dakota
South Dakota certificate of need
South Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.
- CON program
- No
- Services covered
- —
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Certificate of need
South Dakota CON program
South Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.
- CON program
- No
- Moratoria
- A nursing facility bed moratorium dates to 1988 and was extended indefinitely in 2005 (SDCL 34-12-35.4). The Department of Health may let a facility add beds or approve a new nursing facility only by redistributing beds from closed facilities or voluntarily surrendered beds, so the statewide total cannot exceed the 2005 level. Redistribution runs through periodic requests for proposals (held most years from 2013 to 2025), and the department reports annually to the Legislature on the need for more beds (SB 6, 2017).
- Recent changes
- South Dakota's CON program rules (ARSD 44:01) became void when the 1988 Legislature repealed their authorizing statute (SL 1988, ch. 277, §39, effective March 2, 1988). Nursing facility supply is now controlled by the bed moratorium and RFP-based redistribution rather than CON.
- Statute
- SL 1988, ch. 277, §39 (repeal of SDCL 34-7A-49, CON authority); SDCL 34-12-35.4 (nursing facility moratorium)
FAQ
Frequently asked questions
Does South Dakota have a certificate of need law?
South Dakota has no certificate of need program: opening or expanding a health facility does not need state CON approval.