reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:05 - Assistance with self-administration of medications

Current through Register Vol. 51, page 10, July 15, 2024
Assistance with self-administration of medications is the act of
	 assisting a participant with one or more steps in the process of taking
	 medications, but not actual administration of medications. Assistance with
	 self-administration of medications may include the following:
(1) Opening the medication
  container;
(2) Reminding the
  participant of the proper time to take the medication;
(3) Helping to remove the medication from the
  container; and
(4) Returning the
  medication container to storage.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:06 - Self-administration policy - Level of assistance required

Current through Register Vol. 51, page 10, July 15, 2024
Each provider of direct HCB services must have a policy to address the
	 assessment of a participant's ability to self-administer medications. The
	 policy shall include:
(1) An initial
  assessment to determine the level of medication administration assistance
  needed by a participant;
(2) At
  least an annual assessment to determine if the level of medication
  administration assistance needed by a participant has changed;
(3) A requirement for the participant and the
  participant's team to review initially and annually thereafter the assessment
  of the level of medication administration assistance needed;
(4) A process to evaluate the participant's
  level of assistance needed at any time a participant expresses the desire to
  self-administer medications; and
(5) Supports if a participant expresses the
  desire to self-administer medications and an assessment indicates the need for
  training.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:07 - Medication administration curriculum

Current through Register Vol. 51, page 10, July 15, 2024
Each provider of direct HCB services shall provide a minimum of twenty
	 hours of medication administration training to employees, including academic
	 instruction and practical application. The provider of direct HCB services
	 shall submit updates to the curriculum to the division for review and approval
	 prior to implementation, This training must be conducted under the supervision
	 of a licensed registered nurse. The content of the training for medication
	 administration shall include:
(1)
  General information relevant to the administration of medications including:
(a) Governmental regulations related to the
  practice of nursing, the administration of medication, and the storage,
  administration, and recording of controlled substances;
(b) Ethical issues;
(c) Terminology, abbreviations, and
  symbols;
(d) Medication
  administration system utilized by the provider of direct HCB services and any
  relevant policies and procedures;
(e) Forms of medication;
(f) Procedures and routes of medication
  administration;
(g) Medication
  references available;
(h) The role
  and limitations of staff in administering medications;
(i) Legal responsibilities to the
  participants, the nurse, and the provider of direct HCB services; and
(j) The six rights of medication
  administration: right person, right medication, right dose, right time, right
  route, and right documentation;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:08 - Medication administration proficiency level - Requirements Documentation

Current through Register Vol. 51, page 10, July 15, 2024
An employee of a provider of direct HCB services must demonstrate
	 proficiency in medication administration before administering medication or
	 assisting with self-administration of medication to participants.
The required level of proficiency in medication administration is
	 obtaining a score of at least 90 percent through a written examination,
	 prepared by the provider of direct HCB services, and demonstrating clinical
	 proficiency on a performance checklist. The written examination shall address
	 the areas listed in §
									46:11:07:07. The provider of
	 direct HCB services shall maintain documentation of an employee's training and
	 proficiency level in the employee's personnel file.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:09 - Annual proficiency review - Documentation

Current through Register Vol. 51, page 10, July 15, 2024
CSP employees completing the medication administration training are
	 subject to a proficiency review at least annually that is supervised by a
	 licensed registered nurse. The CSP shall maintain documentation of annual
	 evaluations of an employee's proficiency in the employee's personnel
	 file.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:10 - Medication errors

Current through Register Vol. 51, page 10, July 15, 2024
Each provider of direct HCB services must have policies and procedures
	 that address medication errors. The policies and procedures shall address these
	 areas;
(1) A definition of medication
  error;
(2) The types or severity of
  medication errors;
(3)
  Documentation of medication errors;
(4) Action to be taken as a result of
  medication errors;
(5) A process
  for on-going quality assurance and monitoring of medication errors;
  and
(6) Prevention of medication
  errors.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:11 - Storage of controlled substances

Current through Register Vol. 51, page 10, July 15, 2024
Each provider of direct HCB services shall have a policy that
	 addresses the proper storage of Schedule II controlled substances. The policy
	 shall include:
(1) Any Schedule II
  controlled substance must be stored in the original container it arrived in
  from the pharmacist that dispensed it;
(2) Any Schedule II controlled substance must
  be stored in a locked compartment within a locked container, cabinet, or
  closet;
(3) All Schedule II
  controlled substances must be accounted for and documented daily; and
(4) Any Schedule II controlled substance used
  by a participant who self-administers must be stored and accounted for in a
  manner determined to be safe by that participant's team and documented in the
  ISP.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:12 - Medication destruction - Documentation

Current through Register Vol. 51, page 10, July 15, 2024
The destruction of medication may only be done in accordance with the
	 following requirements:
(1)
  Medications that are not controlled substances under SDCL 34-20B may be
  destroyed in the facility by a professional nurse and another witness or
  returned to the pharmacy; and
(2)
  Medications that are controlled substances under SDCL 34-20B must be destroyed
  in the facility, witnessed by two persons, both of whom are a nurse or
  pharmacist.
Each provider of direct HCB services shall have policies and
	 procedures that include the methods and documentation of medication destruction
	 in accordance with §
										44:70:07:06.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:13 - Minimum education requirements for new employees who will administer medication

Current through Register Vol. 51, page 10, July 15, 2024
Any employee hired by a provider of direct HCB services after February
	 1, 1996, whose duties include the administration of medications or assistance
	 with self-administration of medications, must be a high school graduate or
	 possess a general equivalency diploma.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:14 - Prior training

Current through Register Vol. 51, page 10, July 15, 2024
Any employee who has received prior medication administration training
	 from another provider of direct HCB services must provide documentation with
	 proof of prior training and demonstrate the level of proficiency required by
	 §
									46:11:07:08.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
Medication administration proficiency level -- Requirements
		--Documentation, §
											46:11:07:08.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:15 - Administration of medications via gastrostomy or jejunostomy tube

Current through Register Vol. 51, page 10, July 15, 2024
In accordance with SDCL subdivision 36-9-28(10), the administration of
	 medications includes medication administered via an established gastrostomy or
	 jejunostomy tube, under the supervision of a licensed registered nurse. This
	 does not include administration of medications via a nasograstric tube or by
	 the parenteral route.
General Authority:
SDCL
		27B-2-26(1),
		36-9-28(10).
Law Implemented:
SDCL
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:16 - Preventive health care - Early detection

Current through Register Vol. 51, page 10, July 15, 2024
The provider of direct HCB services shall offer education to a
	 participant and assist the participant in obtaining preventive health care
	 evaluations consistent with the American Cancer Society Guidelines for Early
	 Detection of Cancer. The provider of direct HCB services will assist a
	 participant in implementing any recommendations based on the preventive health
	 care evaluations.
The provider of direct HCB services must assist the participant in
	 obtaining any immunization as recommended by the most current available
	 Immunization Schedule from the Centers for Disease Control and Prevention,
	 unless the participant or their guardian declines a particular immunization.
	 The provider of direct HCB services shall keep a record of the participant's
	 immunization status.
General Authority:
SDCL
		27B-2-26(3),
		36-9-28(10).
Law Implemented:
SDCL
		27B-2-26(3),
		36-9-28(10).
American Cancer Society Guidelines for Early Detection of
		Cancer.
A copy may be obtained free of charge on-line at
www.cancer.org
then search for early
		detection of cancer.
Immunization Schedule
, current version available on-line
		at
www.cdc.gov/vaccines
.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:07 - Health care services › Section 46:11:07:17 - Annual blood levels

Current through Register Vol. 51, page 10, July 15, 2024
The provider of direct HCB services shall assist the participant in
	 obtaining blood levels at least annually or as recommended by the participant's
	 physician related to specific medications or diagnoses. The provider of direct
	 HCB services shall assist the participant with obtaining follow-up medical care
	 related to any non-therapeutic levels.
General Authority:
SDCL
		27B-2-26(3),
		36-9-28(10).
Law Implemented:
SDCL
		27B-2-26(3),
		36-9-28(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:00 - Conflict of interest

Current through Register Vol. 51, page 10, July 15, 2024
A participant may not receive direct HCB services and case management
	 services from the same provider.
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26(3).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:01 - Description of services

Current through Register Vol. 51, page 10, July 15, 2024
CHOICES waiver services shall be tailored to the preferences and
	 priorities of each participant. Each participant must receive at least one of
	 the following waiver services each month:
(1) Case management to include:
(a) Developing the individualized support
  plan (ISP) utilizing the state's standardized ISP;
(b) Promoting and documenting participant
  involvement in the ISP monitoring process;
(c) Documenting the team meeting and making
  sure scheduling facilitates participation of all members;
(d) Observing, monitoring, and documenting
  the implementation of the ISP at least quarterly;
(e) Meeting minimally, for one face-to-face
  visit per quarter with each participant;
(f) Ensuring implementation and revisions of
  the ISP;
(g) Reviewing critical
  incident reports;
(h) Reviewing
  instances of abuse/neglect/exploitation (ANE), participant health and safety or
  other pertinent information;
(i)
  Submitting monthly quality reports summarizing case management
  activities;
(j) Assisting
  participants in finding paid and unpaid natural supports;
(k) Arranging, reviewing, and approving
  assessments;
(l) Administering the
  inventory for client and agency planning (ICAP):
(m) Conducting person centered
  planning;
(n) Assisting
  participants in selecting services and supports;
(o) Assisting participants to identify
  individual budgets;
(p) Assessing
  individual eligibility status and referring individuals to necessary
  eligibility resources;
(q)
  Assisting individuals to access integrated community employment;
(r) Ensuring human rights committee
  (HRC)/behavior (BSC) has afforded due process; and
(s) Developing emergency backup plans in the
  event the case manager is out of the office or is unavailable when the
  participant or their family is in need of case management services;
  or
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:02 - Participant's record

Current through Register Vol. 51, page 10, July 15, 2024
Any entry in the participant's record shall be dated and signed and
	 shall include information that is accurate, complete, timely, and relevant to
	 the participant's need for services or supports.
A copy of the participant's record shall be in a format accessible to
	 the participant. If abbreviations, symbols, acronyms, or jargon are used, a key
	 shall be provided.
The participant's record shall be held in hard copy or electronic copy
	 in a location accessible to the provider, division, and case management staff,
	 and shall include:
(1) The
  participant's full name;
(2) The
  participant's social security number;
(3) The date of home and community-based
  service eligibility;
(4) The
  address of the participant at the time of entry into the division's service
  system and current address and phone number;
(5) A summary of health insurance, financial
  support, and entitlements;
(6) Any
  identification of family, guardian, conservator, or other interested persons,
  including current addresses and telephone numbers;
(7) The status of legal capacity;
(8) Any provider of services or supports
  including any subcontractors during the past two years;
(9) Any employment history, including a list
  of employers, dates of employment, and any position held;
(10) The current assessment
  reports;
(11) Any critical incident
  reports;
(12) The identity of the
  party responsible for managing the participant's funds;
(13) Any quarterly assessments pursuant to
  §
									46:11:05:05.01; and
(14) The participant's current ISP.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26(2).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		27B-2-26(3).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:04 - Notice of reduction of services

Current through Register Vol. 51, page 10, July 15, 2024
The provider shall inform the participant in writing of the intent to
	 reduce services and the participant's right to appeal the reduction of services
	 to the division, ten calendar days prior to the date of the provider initiated
	 action. This notice must be documented and can only be waived if the
	 participant or legal representative provides to the provider a clear written
	 statement signed by the participant or legal representative stating that the
	 participant or the participant's legal representative agrees with the reduction
	 of services. When reduction of services are being appealed services cannot be
	 reduced until a decision is reached after a hearing pursuant to SDCL chapter
	 1-26.
General Authority:
SDCL
		27B-2-26(3),
		28-1-24.1.
Law Implemented:
SDCL
		27B-2-26.
Fair hearing, chapter
		67:17:02.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:05 - Termination of waiver services - Provider initiated

Current through Register Vol. 51, page 10, July 15, 2024
At least 30 calendar days before a provider terminates services to a
	 participant, the provider shall provide notice of its intention to the
	 division. The notice shall specify the provider's reasons for the action. The
	 provider shall provide information to the participant, the participant's parent
	 if the participant is under 18 years of age, or the participant's guardian
	 regarding the availability of other services in the community and the
	 participant's right to appeal the decision to the division. The provider shall
	 have a policy that addresses notice of termination of services. Notice must be
	 provided at least 30 calendar days prior to termination to the
	 following:
(1) The participant, with
  accommodations made for people who have difficulties communicating;
(2) The participant's parent if the
  participant is under 18 years of age;
(3) The participant's guardian;
(4) All of the participant's ISP team;
  and
(5) The division.
When a termination is being appealed, the participant shall continue
	 receiving services from the provider until a decision is reached after a
	 hearing pursuant to SDCL chapter 1-26.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26.
The amended version of this section by 50 SDR 157, effective 6/30/2024 is not yet available.
ISP team -- Composition, §
											46:11:05:01.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:05.01 - Discontinuation of services - Participant initiated

Current through Register Vol. 51, page 10, July 15, 2024
If a participant, the participant's parent if the participant is under
	 18 years of age, or the participant's guardian, if any, chooses to discontinue
	 services with the provider, the provider shall notify the division no later
	 than the division's next business day after the participant requests discharge.
	 The provider shall provide information to the participant, the participant's
	 parent if the participant is under 18 years of age, the participant's guardian
	 or advocate, if any, of other services available in the community. The provider
	 shall also provide counseling regarding funding, possible transfer, or other
	 possible outcomes of the discontinuation of services.
The provider shall send a discharge summary to the division pursuant to
	 §
									46:11:08:06.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:06 - Discharge summaries

Current through Register Vol. 51, page 10, July 15, 2024
The provider must inform the division of each discharge no later than
	 the end of the division's following work day on the form, DHS DD 751, provided
	 by the division. The provider must send a copy of the participant's discharge
	 summary, DHS-DD-750, within 30 calendar days after discontinuation of services
	 to the following:
(1) The
  division;
(2) The
  participant;
(3) The participant's
  guardian, if any;
(4) The
  participants advocate, if any; and
(5) The participant's parent if the
  participant is under 18 years of age.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:08 - CHOICES WAIVER SERVICES › Section 46:11:08:07 - Waiting list

Current through Register Vol. 51, page 10, July 15, 2024
If a waiting list develops, the division shall assign a level of
	 priority for applicants to the waiver. The first level is priority status,
	 which is reserved for individuals who are at significant risk. An individual at
	 significant risk is one under any of the following circumstances:
(1) Whose health, welfare, or safety is in
  jeopardy;
(2) Who is at imminent
  risk of being institutionalized; or
(3) Who is institutionalized.
Any other individual shall be placed in the second level, which is
	 applicant status. An individual in priority status shall be placed at the top
	 of the waiting list and receive services on a first come, first serve basis. An
	 individual in applicant status shall receive services on a first come, first
	 serve basis, but only after those in priority status.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(3)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:02 - Responsibilities of a provider

Current through Register Vol. 51, page 10, July 15, 2024
A provider providing services under this chapter has the following
	 responsibilities:
(1) Ensure any
  employee providing coordination meet the following qualifications:
(a) Be at least 21 years of age;
(b) Pass a criminal background
  check;
(c) Be able to communicate
  effectively verbally and in writing;
(d) Be able to follow written or verbal
  instructions provided by the participant, guardian, advocate, or family member
  of the participant;
(e) Have the
  abilities or skills necessary to meet the participant's needs as outlined in
  the ISP;
(f) Have a degree in the
  field of human services, social work, sociology, psychology, or related field
  experience or be a parent of a child with a developmental disability;
(g) Be able to effectively utilize database
  and word processing computer software and the Internet;
(h) Successfully complete training provided
  by the division in the following areas:
(i)
  Administration of the HCBS family support waiver;
(ii) Individual service plan
  development;
(iii) Available
  services;
(iv) Defining,
  identifying, and reporting abuse, neglect, and exploitation;
(v) Individual education program pursuant to
  chapter 24:05:27;
(vi)
  Developmental disability eligibility criteria;
(vii) ICAP training provided by the
  division;
(viii) Have the ability
  to work independently upon completion of training; and
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:03 - Criteria for designation as a qualified provider

Current through Register Vol. 51, page 10, July 15, 2024
A qualified provider providing personal care, respite care, companion
	 care, or supported employment under the provisions of this chapter must meet
	 the following criteria:
(1) Have a
  signed provider agreement with the Department of Social Services;
(2) Obtain a signed provider agreement with
  the department; and
(3) Must meet
  the following qualifications:
(a) Any
  employee must meet the age requirement for each service specified;
(b) Any employee must pass a criminal
  background check;
(c) Any employee
  must be able to follow written or verbal instructions provided by the
  participant, or the participant's family member or guardian or advocate, if
  any;
(d) Any employee must have the
  abilities or skills necessary as determined by the participant to meet the
  participant's needs as outlined in the ISP; and
(e) Have policies in the following areas:
(i) Confidentiality;
(ii) Drug-free workplace;
(iii) Grievance;
(iv) Emergency procedures and back-up
  plan;
(v) Sexual
  harassment;
(vi) Abuse, neglect,
  exploitation, and incident reporting;
(vii) Safety;
(viii) Universal precautions;
(ix) Proper lifting techniques and body
  mechanics, back safety, and risk factors for back injuries;
(x) Termination and notice requirements;
  and
(xi) Payment and
  billing.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:04 - Responsibilities of a qualified provider

Current through Register Vol. 51, page 10, July 15, 2024
A qualified provider has the following responsibilities:
(1) Comply with state and federal worker's
  compensation requirements;
(2)
  Comply with division qualifications set forth in this chapter for providing
  services;
(3) Submit reports and
  comply with all record-keeping required by the division;
(4) Submit claims to the Department of Social
  Services for reimbursement;
(5)
  Maintain, transfer, and retain records pursuant to this chapter, including all
  information related to invoicing;
(6) Ensure the health and safety of each
  participant receiving services according to this chapter;
(7) Receive training from the participant or
  guardian, advocate, or family member of the participant in performance of any
  service outlined in the ISP;
(8)
  Submit critical incident reports pursuant to §
									46:11:09:05; and
(9) Have a policy regarding the
  confidentiality of participant information to ensure the records, paper, or
  electronic copy, are protected against loss, tampering, or unauthorized
  disclosure of information in accordance with 45 C.F.R., Part 160 and 164
  (October 2009) and the provisions of this chapter.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4)(7)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:05 - Critical incident report - Submission to the division

Current through Register Vol. 51, page 10, July 15, 2024
A CSP, SP, or qualified provider, providing service under this
	 chapter, shall give verbal notice of any critical incident involving a
	 participant to the division no later than the end of the division's next
	 business day or the CSP, SP, or qualified provider's administrative business
	 day whichever occurs first from the time the CSP, SP, or qualified provider
	 becomes aware of the incident. The CSP, SP, or qualified provider shall submit
	 a written critical incident report on a form provided by the division. The
	 report shall be submitted to the division within seven calendar days after the
	 verbal notice. A report shall be submitted in the following critical
	 instances:
(1) Death;
(2) Life-threatening illness or
  injury;
(3) Alleged instances of
  abuse, neglect, or exploitation against or by any participant;
(4) Changes in health or behavior that may
  jeopardize continued services;
(5)
  Illness or injury that resulted from unsafe or unsanitary conditions;
  or
(6) Any illegal activity that
  involves a participant.
The report must contain a description of the incident, specifying what
	 happened, when it happened, and where it happened, The report must be dated and
	 include the name of the individual submitting the report.
The coordinator shall notify the participant's parent if the
	 participant is under 18 years of age, or the participant's guardian, if any,
	 that a critical incident report has been submitted and the reason why unless
	 the parent or guardian is accused of the incident.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(1)(2)(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:06 - Participant selection of a CSP, SP or qualified provider

Current through Register Vol. 51, page 10, July 15, 2024
The participant may choose either a CSP, SP, or a qualified provider
	 for delivery of services.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:07 - Agency with choice model

Current through Register Vol. 51, page 10, July 15, 2024
Under the agency with choice model, the participant and the
	 participant's family or guardian participate in the recruitment, interviewing,
	 selection, training, and supervising of employees who will be providing the
	 service. The provider is responsible for hiring.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4)(7)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:07.01 - Waiver services for agency with choice and common-law employer

Current through Register Vol. 51, page 10, July 15, 2024
The agency with choice and common-law employer models are limited to
	 the following services:
(1) Personal
  care 1;
(2) Companion
  care;
(3) Respite care;
  and
(4) Supported
  employment.
General Authority:
SDCL
		27B-1-15,
		27B-2-26.
Law Implemented:
SDCL
		27B-1-15,
		27B-2-26(7).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:08 - Notification to participant of providers, services, and rights

Current through Register Vol. 51, page 10, July 15, 2024
The participant or the participant's parent or guardian shall be
	 provided with the following:
(1) A
  list of providers;
(2) A list of
  OHCDS qualified providers;
(3) A
  list of HCBS waiver services;
(4)
  Information regarding the appeal process; and
(5) Provided with contact information to
  request a fair hearing upon initiation of services and annually
  thereafter.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(3)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:09 - Waiting list

Current through Register Vol. 51, page 10, July 15, 2024
If a waiting list develops, the division shall assign a level of
	 priority for applicants to the waiver. The first level is priority status,
	 which is reserved for individuals who are at significant risk. An individual at
	 significant risk is one under any of the following circumstances:
(1) Whose health, welfare, or safety is in
  jeopardy;
(2) Who is at imminent
  risk of being institutionalized; or
(3) Who is institutionalized.
Any other individual shall be placed in the second level, which is
	 applicant status.
An individual in priority status shall be placed at the top of the
	 waiting list and receive services on a first come, first serve basis.
An individual in applicant status shall receive services on a first
	 come, first serve basis, but only after those in priority
	 status.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(3)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:10 - Description of services

Current through Register Vol. 51, page 10, July 15, 2024
Any family support service must be participant-directed to the extent
	 the participant and the participant's family or guardian can control their own
	 budget for services and can recommend for hire individuals to the community
	 support provider, support provider, or qualified provider.
Family support services must be tailored to the competencies,
	 interests, preferences, and needs of the participant and the participant's
	 family or guardian, and respectful of the cultural and ethnic beliefs,
	 traditions, personal values, and lifestyle of the family.
The participant must receive at least one of the following waiver
	 services each month:
(1) Support
  coordination services by a provider are:
(a)
  Coordination of services that will assist a participant to gain access to
  needed medical, social, and other needed services;
(b) On-going monitoring of the services;
  and
(c) Initiating and overseeing
  the assessment and reassessment of the participant's level of care;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:11 - ISP

Current through Register Vol. 51, page 10, July 15, 2024
From the date of initiation of services under this chapter the
	 coordinator shall:
(1) Identify the
  ISP team within 15 calendar days;
(2) Complete the ISP within 30 calendar days;
  and
(3) Implement the ISP within 45
  calendar days.
The ISP must be developed with the participant, the participant's
	 parent or parents, if the participant is under 18 years of age, or the
	 participant's guardian, if any. The coordinator shall review the ISP quarterly
	 with the participant, the participant's parent if the participant is under 18
	 years of age, or the participant's guardian, if any, and document the outcome
	 of the review and any recommendations regarding the status of the
	 ISP.
The ISP shall include:
(1)
  The participants vision of a good life, including:
(a) People, places, experiences, and
  possessions which bring satisfaction, joy, and contentment to the participant;
  and
(b) Supports which promote the
  participants health, safety, and role as a valued member of the
  community;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:12 - Support plan for services

Current through Register Vol. 51, page 10, July 15, 2024
Each participant that receives respite care, personal care 1, personal
	 care 2, supported employment, or companion care services through the agency
	 with choice model will have a support plan developed with the assistance of the
	 coordinator. The purpose of the support plan is to provide an individualized
	 description of the participant's services needs se e to train each provider.
	 The support plan shall include:
(1)
  The scope, frequency, duration, and cost of the services to be
  provided;
(2) The ISP goal that
  will be addressed by the service provider; and
(3) The signature of the participant, or the
  participant's parent if the participant is under 18 years of age, or the
  participant's guardian, if any, the service provider and the coordinator.
The coordinator will assist the participant to review and update the
	 support plan for services at least annually or more often if the needs of the
	 participant change.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(3)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:13 - Budget utilization information to support participant directed services

Current through Register Vol. 51, page 10, July 15, 2024
A budget update that details what has been utilized regarding supports
	 and services as outlined in the ISP shall be provided by the coordinator and
	 reviewed with the participant, the participant's parent if the participant is
	 under 18 years of age, or the participant's guardian, if any, at least annually
	 or more often as needed.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(2)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:14 - Annual ISP meeting

Current through Register Vol. 51, page 10, July 15, 2024
The coordinator shall convene a meeting of the participant and the
	 participant's ISP team to review the ISP at least annually or more often as
	 needed and modify the ISP as appropriate.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(3)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:15 - ISP review and modification

Current through Register Vol. 51, page 10, July 15, 2024
The coordinator shall monitor and discuss the implementation of the ISP
	 quarterly with the participant and participant's family or guardian and
	 document the review in quarterly progress notes. The quarterly progress notes
	 shall include discussion of the participant's progress toward each goal,
	 outcome, and objective and of any events pertinent to the participant's growth
	 and development, including behavioral incidents and significant activities and
	 events. The participant or any member of the ISP team may request a review or
	 modification of the ISP at any time.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(3)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:16 - Participant's records

Current through Register Vol. 51, page 10, July 15, 2024
Any entry in the participant's record shall be dated and signed and
	 shall include information which is accurate, complete, timely, and relevant to
	 the participant's needs for services or supports.
A copy of the participant's paper or electronic record shall be in a
	 format accessible to the participant, the participant's parent if the
	 participant is under 18 years of age, or the participant's guardian, if any. If
	 abbreviations and symbols, acronyms, or jargon are used, a key shall be
	 provided.
The participant's paper or electronic record shall be held in a
	 location accessible to the participant, the participant's parent if the
	 participant is under 18 years of age, or the participant's guardian, if any,
	 and the division and CSP staff and shall include:
(1) The participant's full name;
(2) The participant's social security
  number;
(3) The date of HCBS
  eligibility;
(4) The current
  address and phone number of the participant;
(5) A summary of health insurance, financial
  support, and other entitlements;
(6) Any identification of family, guardian,
  conservator, and other interested persons, including current addresses and
  telephone numbers;
(7) The status
  of legal capacity;
(8)
  Documentation of all providers of services or supports including qualified
  providers, OHCDS subcontractors, and employees employed through the agency with
  choice model, during the past two years;
(9) Any employment history, including a list
  of employers, dates of employment, and any position held;
(10) The current assessment
  reports;
(11) Any critical incident
  reports;
(12) The identity of the
  responsible party for the management of participant funds;
(13) The quarterly progress notes;
(14) The participant's current ISP;
  and
(15) Any support plan for
  services.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(2).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:17 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
Transferred to §
									46:11:09:04(9).
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(2)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:18 - Transfer of participant records

Current through Register Vol. 51, page 10, July 15, 2024
If a participant receiving services under this chapter transfers from
	 one provider to another provider, the transferring entity shall deliver a copy
	 of the participant's record to the new entity upon obtaining consent by the
	 participant, the participant's parent if the participant is under 18 years of
	 age, or the participant's guardian, if any. A copy shall be made available to
	 the participant, the participant's parent if the participant is under 18 years
	 of age, or the participant's guardian, if any.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(2)(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:19 - Review of a provider

Current through Register Vol. 51, page 10, July 15, 2024
A satisfaction survey of participants receiving services under this
	 chapter shall be conducted in conjunction with the biennial review.
The billing review conducted pursuant to §
									46:11:02:09 shall also include a
	 random sample of claims of participants receiving services under this chapter
	 to ensure and validate the accuracy of record keeping, supporting
	 documentation, and claim submission. The department may conduct a review at any
	 time upon receipt of a complaint.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4)(7)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:21 - Statement of deficiencies and plan of correction

Current through Register Vol. 51, page 10, July 15, 2024
If a qualified provider with a family support provider agreement fails
	 to be in compliance, a statement of deficiencies noting areas of noncompliance
	 shall be issued by the division within 30 calendar days following the survey.
	 The qualified provider must submit a plan of correction to the division within
	 30 calendar days of receipt of the statement of deficiencies.
The plan of correction shall detail the action to be taken to correct
	 the deficiencies and the date by which the corrections will be made. The plan
	 of correction is subject to acceptance or rejection in whole or in part by the
	 division. The division shall notify the qualified provider within 30 calendar
	 days of receipt of the plan of correction of its decision regarding approval of
	 the plan of correction and status of the provider agreement.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4)(7)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:22 - Revocation of the provider agreement

Current through Register Vol. 51, page 10, July 15, 2024
The division may revoke a provider agreement if the CSP, SP, or
	 qualified provider fails to meet the requirements of this
	 chapter.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4)(7)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:23 - Rights of participants and parents or guardians

Current through Register Vol. 51, page 10, July 15, 2024
A CSP, SP, or qualified provider providing services under this chapter
	 shall adhere to the rights of a participant and parents or guardians listed in
	 §
									46:11:03:00.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:24 - Right of appeal

Current through Register Vol. 51, page 10, July 15, 2024
A participant or a participant's parent or guardian may appeal
	 ineligibility, termination, or reduction of services by following the process
	 in §
									67:54:09:24. The participant will
	 be provided with information on how to obtain assistance from an employee of
	 the state's designated protection and advocacy system. Assistance in contacting
	 the state's designated protection and advocacy system shall be provided to the
	 participant if needed. When a participant's waiver services are reduced or
	 terminated, any time during the ISP year or the annual meeting, the coordinator
	 will document the decision. Documentation must include:
(1) The services being reduced or
  terminated;
(2) The reason for the
  reduction or termination; and
(3)
  The right to appeal to the division was provided to the participant or the
  participant's parent or guardian.
When reduction or termination of services are being appealed, services
	 cannot be reduced or terminated until a decision is reached after a hearing
	 pursuant to SDCL chapter 1-26.
General Authority:
SDCL
		27B-2-25,
		27B-2-26.
Law Implemented:
SDCL
		27B-2-25,
		27B-2-26(4)(9).