S.D. Codified Laws § 34-12-39.5

Notwithstanding the provisions of § 34-12-39.2, a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained with prior authorization by the Department of Health in accordance with §§ 34-12-35.6 to 34-12-35.8, inclusive. Any new nursing facility authorized in accordance with §§ 34-12-35.6 to 34-12-35.8, inclusive shall maintain an annual minimum Medicaid occupancy rate no less than ten percent below the statewide average at the time rates are established.