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 has met at least one of the following requirements to:

(1) Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;

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(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;

(5) Improve physical conditions which are related to operational or functional deficiencies; or

(6) Consolidate, merge, or join another health care or long-term service provider.

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 must be located within sixty miles of the existing facility.

Source: SL 2005, ch 180, § 2; SL 2019, ch 143, § 2; SL 2020, ch 141, § 1.