South Dakota Codified Laws 1-16A-2.2. Out-of-state participating health institution–Eligibility for financing
To be eligible for financing under this chapter, any participating health institution located outside of this state shall, at the time of issuance:
(1) Be financing or refinancing health facilities located within the United States;
Terms Used In South Dakota Codified Laws 1-16A-2.2
- Authority: means the South Dakota Health and Educational Facilities Authority created by this chapter. See South Dakota Codified Laws 1-16A-2
- Health institution: means any private nonprofit corporation or institution authorized by law to provide or operate health facilities in this state, or any private nonprofit corporation or institution authorized by law to provide or operate health facilities outside this state. See South Dakota Codified Laws 1-16A-2
(2) Control, be controlled by, or be under common control with, a health institution located within this state; and
(3) Be engaged, by itself or through an affiliate located within this state, in a financing or refinancing on behalf of a health institution located within this state.
In connection with such a financing or refinancing of any such health facilities, the authority shall find that the financing or refinancing would promote the economy of this state and the access of the people of this state to adequate and affordable health care within this and other states, all for the benefit of the health, welfare, safety, trade, commerce, industry, economy, and living conditions of the people of this state by creating employment opportunities in this state or the lowering of the cost of accessing health care or reducing the cost of financing, refinancing, or operating such health facilities and such out-of-state health facilities owned, operated, leased, or managed by, or otherwise affiliated with, a health institution located within this state.
For purposes of this section, the authority’s findings must be deemed conclusive.
Source: SL 2020, ch 2, § 3.