Notwithstanding the provisions of §§ 34-12-35.4 and 34-12-39.2, a new nursing facility as defined in § 34-12-1.1 may be constructed, operated, and maintained on any American Indian reservation that is wholly or partially located west of the one hundred second meridian if the facility is needed to serve a local population previously unserved through lack of nursing facilities within a forty-five-mile radius. No more than one such nursing facility may be located within the same American Indian reservation, and the number of beds in the nursing facility may not exceed fifty. The nursing facility shall meet the specifications of this chapter for a licensed nursing facility in order to participate in the medicaid program.

No state funds may be used for the construction of a nursing facility built pursuant to this section.

Source: SL 2010, ch 171, §§ 1, 2.