reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:14 - Qualified mental health professional › Section 67:62:14:09 - Appeal of department decision

Current through Register Vol. 51, page 10, July 15, 2024
A qualified mental health professional whose eligibility renewal is
	 denied may request a fair hearing by notifying the department by certified
	 mail, within ten calendar days of receipt of the department's decision. The
	 hearing must be conducted pursuant to chapter 1-26.
General Authority:
SDCL
		27A-1-9.
Law Implemented:
SDCL
		27A-1-9.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Active treatment," the implementation of
  a program of specialized and generic training, treatment, health services, and
  related services, which lead to the acquisition of the behaviors necessary for
  the individual to function with as much self-determination and independence as
  possible, and to prevent regression or loss of current optimal functional
  status;
(2) "Dementia," disorders
  characterized by the development of multiple cognitive deficits, including
  memory impairment, which are due to the direct physiological effects of a
  general medical condition, to the persisting effects of a substance, or to
  multiple etiologies;
(3) "Nursing
  facility," a facility licensed as a nursing facility by the Department of
  Health and maintained and operated for the express or implied purpose of
  providing care to one or more persons, whether for consideration or not, who
  are not acutely ill but require nursing care and related medical services of
  such complexity as to require professional nursing care under the direction of
  a physician twenty-four hours a day;
(4) "Preadmission screening and resident
  review," a process made up of a Level I screening completed by the department,
  and a Level II review completed by the department, to determine eligibility
  when an individual with a mental disorder, as defined in subdivision
  67:62:01:01(24), applies to reside in a Medicaid certified swing bed or nursing
  facility;
(5) "Specialized mental
  health services" psychiatric services that result in the continuous and
  aggressive implementation of an individualized plan of care developed by an
  interdisciplinary team consisting of a physician, a qualified mental health
  professional, and other professionals, which prescribes specific therapies and
  activities for the treatment of individuals experiencing an acute episode of
  serious mental illness, requiring supervision by trained mental health
  professionals, to obtain improvement in function thereby permitting a reduction
  in the level of intensity to less than the level of specialized services at the
  earliest possible time;
(6) "Swing
  bed," a licensed hospital bed approved by the Department of Health to provide
  short-term nursing facility care pending the availability of a nursing facility
  bed.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:02 - Level I screening

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Social Services must conduct a Level I screening
	 that identifies each individual who is seeking Medicaid certified swing bed or
	 nursing facility services who may have a mental illness.
General Authority:
SDCL
		1-36-25(4).
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:03 - Level II review exemptions

Current through Register Vol. 51, page 10, July 15, 2024
An individual is exempt from a Level II review if:
(1) The diagnosis of mental illness is
  unsubstantiated;
(2) The individual
  is readmitted to a Medicaid certified swing bed or nursing facility from a
  hospital to which the individual was transferred for the purpose of receiving
  care;
(3) The individual is
  transferred from one Medicaid certified swing bed or nursing facility to
  another, and a preadmission screening and resident review has previously been
  completed;
(4) The physician
  identifies the need for convalescent care following hospitalization, for a
  duration of less than one hundred days;
(5) The physician orders a respite stay of
  thirty days or less;
(6) The
  individual has a diagnosis of situational depression that is of short duration,
  in direct relation to an occurrence in an individual's life, and does not
  appear to be a chronic disability;
(7) The individual is using psychotropic
  medication in the absence of a major mental illness diagnosis; or
(8) The individual has a diagnosis of an
  anxiety disorder that is not identified as severe and does not appear to be
  leading to a chronic disability.
The department shall complete a Level I screening form to notify
	 appropriate parties of the determination of the exemption.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:04 - Exempt hospital discharge

Current through Register Vol. 51, page 10, July 15, 2024
An individual is exempt from a preadmission screening and resident
	 review following a hospital discharge if:
(1) The individual is admitted to a Medicaid
  certified swing bed or nursing facility, directly from a hospital, after
  receiving acute inpatient care at the hospital;
(2) The individual requires Medicaid
  certified swing bed or nursing facility services for the condition that
  required care in the hospital; and
(3) The individual's attending physician has
  certified, before admission to the Medicaid certified swing bed or nursing
  facility, that the individual is likely to require less than thirty calendar
  days of Medicaid certified swing bed or nursing facility services.
If an individual enters a Medicaid certified swing bed or nursing
	 facility as an exempt hospital discharge and is later found to require more
	 than thirty days of nursing care, the facility shall request a preadmission
	 screening and resident review, prior to the expiration of that thirty
	 days.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:05 - Categorical determinations for Level I

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Social Services must make a categorical
	 determination in one of the following situations:
(1) A terminal illness diagnosis, determined
  by a physician or hospice involvement that includes a life expectancy of 6
  months or less;
(2) A severe
  physical illness that has resulted in coma or ventilator dependence;
(3) The age of an individual is 75 years or
  older; or
(4) A primary diagnosis
  of dementia, including Alzheimer's disease or a related disorder or a
  non-primary diagnosis of dementia without a primary diagnosis that is a serious
  mental illness.
For any of these situations, the Department of Social Services must
	 complete a Level I screening form. A copy of the form must be sent to the
	 division and any appropriate facility. A categorical determination may warrant
	 Medicaid certified swing bed or nursing facility services but does not warrant
	 mental health services or specialized services.
General Authority:
SDCL
		1-36-25(4).
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:06 - Level II review

Current through Register Vol. 51, page 10, July 15, 2024
The department shall conduct a Level II review that consists of
	 determining the appropriateness of a Medicaid certified swing bed or nursing
	 facility, and possible mental health services, including specialized mental
	 health services for individuals identified in the Level I screening.
Each individual is reviewed for appropriateness of placement,
	 regardless of the source of payment for the swing bed or nursing facility
	 services. A determination whether or not an individual requires the level of
	 services provided by the facility and whether or not an individual can benefit
	 from mental health services is made.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:07 - Level II determination - Data requirements

Current through Register Vol. 51, page 10, July 15, 2024
The data used for a Level II determination includes:
(1) A comprehensive social and developmental
  history and physical, including:
(a) Medical
  history;
(b) Review of body
  systems;
(c) Evaluation of the
  individual's neurological system in the areas of motor functioning, sensory
  functioning, gait, deep tendon reflexes, cranial nerves, and abnormal reflexes;
  and
(d) Additional evaluations
  conducted by appropriate specialists in case of abnormal findings;
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:08 - Determination of services

Current through Register Vol. 51, page 10, July 15, 2024
The department shall determine if the individual requires the level of
	 services provided by a Medicaid certified swing bed or nursing facility due to
	 the individual's physical or mental condition. If the department determines
	 that an individual requires a Medicaid certified swing bed or nursing facility
	 services, the facility may admit or retain the individual. If the department
	 determines that an individual does not require Medicaid certified swing bed or
	 nursing facility services, the individual may not be
	 admitted.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:09 - Determination of specialized mental health services

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that the individual requires Medicaid
	 certified swing bed or nursing facility services, the department shall also
	 determine whether the individual may benefit from mental health
	 services.
If the department determines that an individual requires both Medicaid
	 certified swing bed or nursing facility services and specialized mental health
	 services as defined in subdivision 67:62:15:01(5), the facility may admit or
	 retain the individual and the state shall provide or arrange for the provision
	 of the specialized mental health services needed by the individual in the
	 Medicaid certified swing bed or nursing facility.
If the department determines that the individual does not require
	 Medicaid certified swing bed or nursing facility services, but may benefit from
	 mental health services, the department shall provide the individual with
	 information regarding service options.
General Authority:
SDCL
		1-36-25(4).
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:10 - Timeliness of determinations of Level II review

Current through Register Vol. 51, page 10, July 15, 2024
The department shall make each Level II determination within an annual
	 average of seven to nine business days of receipt of the Level I screening and
	 all of the data required in §
									67:62:15:07.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:11 - Notification of Level II determination

Current through Register Vol. 51, page 10, July 15, 2024
The department shall issue a written notification of the Level II
	 review determination. The notification shall include:
(1) The name of each professional who
  performed an evaluation used to make the Level II determination;
(2) The date each portion of the evaluation
  was administered; and
(3) Any other
  information used to make the Level II determination.
A copy of this notification shall be sent to the individual on whom the
	 Level II review was completed, the individual's legal representative, if
	 applicable, the Medicaid certified swing bed or nursing facility, and any other
	 party affected by the Level II determination.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:12 - Determination may not be countermanded

Current through Register Vol. 51, page 10, July 15, 2024
A Level II determination made by the department may not be
	 countermanded by the department.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:13 - Appeal of ineligibility of Level II determination

Current through Register Vol. 51, page 10, July 15, 2024
The individual, or the individual's legal representative, may request
	 a fair hearing within 30 calendar days of receipt of the notice of
	 ineligibility pursuant to SDCL chapter 1-26 by notifying the Department of
	 Social Services in writing. Upon request, the individual, or the individual's
	 legal representative, will be provided with information in an accessible
	 format. Any costs associated with legal counsel obtained to represent the
	 individual are not the responsibility of the Department of Social
	 Services.
General Authority:
SDCL
		1-36-25(4).
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:14 - Length of stay

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of establishing length of stay in a Medicaid
	 certified swing bed or nursing facility, the 30 months of continuous residence
	 in a Medicaid certified facility may include temporary absences for
	 hospitalization or therapeutic leave and may include consecutive residences in
	 more than one Medicaid certified swing bed or nursing
	 facility.
General Authority:
SDCL
		1-36-25(4).
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:15 - Individuals not requiring swing bed or nursing facility services but requiring mental health services - 30 month determination

Current through Register Vol. 51, page 10, July 15, 2024
If the individual is determined not eligible for swing bed or nursing
	 home services, but requires mental health services, the Department of Social
	 Services and Department of Human Services, in consultation with the
	 individual's family or legal representative and caregivers, must:
(1) If the individual has continuously
  resided in a Medicaid certified swing bed or nursing facility at least 30
  months prior to a determination of eligibility and determined not eligible for
  swing bed or nursing home services, but who require mental health services, the
  Department of Social Services, in consultation with the individual's family or
  legal representative and caregivers, must;
(a) Offer the choice of remaining in the
  facility or receiving services in an alternative setting;
(b) Inform the individual of the
  institutional and non-institutional alternatives covered under the state
  Medicaid plan;
(c) Clarify the
  effect on the individual's eligibility for Medicaid services under the state
  plan if the individual chooses to leave the Medicaid certified swing bed or
  nursing facility, including the effect on readmission to the Medicaid certified
  swing bed or nursing facility; and
(d) Provide, or arrange the provision of,
  mental health services for the mental illness; or
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:16 - Significant change

Current through Register Vol. 51, page 10, July 15, 2024
A significant change is a decline or improvement in an individual's
	 status that:
(1) Will not normally
  resolve itself without intervention by staff or by implementing standard
  disease-related clinical interventions, is not "self-limiting" (for decline
  only);
(2) Impacts more than one
  area of the individual's health status; and
(3) Requires interdisciplinary review or
  revision of the care plan.
If a significant change occurs for an individual known or suspected to
	 have a mental illness, the Medicaid certified swing bed or nursing facility
	 shall make a referral to the department for a possible Level II review. This
	 referral shall occur as soon as evidence of the significant change is
	 identified.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:17 - New admission and readmission

Current through Register Vol. 51, page 10, July 15, 2024
A new admission occurs if an individual is admitted to a Medicaid
	 certified swing bed or nursing facility for the first time, or when an
	 admission does not qualify as a readmission. Unless excepted under §
									67:62:15:04, new admissions are
	 subject to a preadmission screening and resident review.
A readmission occurs when an individual is readmitted to a Medicaid
	 certified swing bed or nursing facility, from a hospital to which the
	 individual, who was in a facility, had been transferred, for the purpose of
	 receiving medical care. A readmission that meets the criteria set forth in this
	 section does not require a preadmission screening and resident
	 review.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:18 - Interfacility transfers

Current through Register Vol. 51, page 10, July 15, 2024
An interfacility transfer occurs if the individual is transferred from
	 one Medicaid certified swing bed or nursing facility to another, with or
	 without an intervening hospital stay. An interfacility transfer is not subject
	 to a preadmission screening and resident review. If an individual transfers
	 from a Medicaid certified swing bed or nursing facility to a hospital, or to
	 another Medicaid certified swing bed or nursing facility, the transferring
	 facility is responsible for ensuring that copies of the individual's
	 preadmission screening and resident review findings accompany the
	 individual.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:15 - Preadmission screening and resident reviews › Section 67:62:15:19 - Out of state placement

Current through Register Vol. 51, page 10, July 15, 2024
The required preadmission screening and resident review determination
	 must be conducted by the state in which the individual:
(1) Resides; or
(2) Will reside at the time Medicaid
  eligibility is obtained.
General Authority:
SDCL
		1-36-25.
Law Implemented:
SDCL
		1-36-25(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:01 - Definitions › Section 67:63:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
As used in this article:
(1)
  "Appropriate Regional Facility" means a facility as defined by SDCL
  27A-1-1(2) and
  27A-10-1.2;
(2) "Client" means an individual admitted to
  an appropriate regional facility pursuant to SDCL
  27A-10-2 or
  27A-10-3;
(3) "Department" means the Department of
  Social Services;
(4) "Facility"
  means an entity capable of providing crisis stabilization, including overnight
  residential services 24 hours a day, 7 days a week to stabilize acute
  psychiatric or behavioral symptoms, evaluate treatment needs, and develop plans
  to meet the needs of the person served on a short-term basis.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:01 - Application for designation as an appropriate regional facility

Current through Register Vol. 51, page 10, July 15, 2024
A facility seeking to operate as an appropriate regional facility
	 shall submit an application requesting designation to the department. The
	 application shall include a description of how the facility meets the
	 requirements of SDCL
	 27A-10-1.2.
By submitting an application for designation as an appropriate regional
	 facility, the facility agrees to allow the department unrestricted access to
	 the facility including access to clients, personnel, and client and facility
	 records to monitor compliance with this article and SDCL
	 27A-10-1.2.
The department shall make application forms available upon
	 request.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:02 - Denial of designation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant will receive a written notice of approval or denial of
	 the designation. If the application is denied, the notice must include the
	 reasons for the denial. An applicant may reapply after taking corrective action
	 related to the reasons for the original denial of the
	 designation.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:03 - Renewal of designation

Current through Register Vol. 51, page 10, July 15, 2024
Any facility currently designated by the department shall submit an
	 annual attestation that the facility continues to meet the requirements of SDCL
	 27A-10-1.2 and this
	 chapter.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:04 - Delay in meeting requirements

Current through Register Vol. 51, page 10, July 15, 2024
The department may grant the facility a delay in meeting the
	 requirements of this article to avoid undue hardship on the facility if the
	 department determines that allowing a delay would be in the best interests of
	 the clients.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:05 - Reasons for placing a facility on probation

Current through Register Vol. 51, page 10, July 15, 2024
The department may place the facility on probation if:
(1) The facility violates the provisions of
  this article or SDCL
  27A-10-1.2;
(2) The facility falsifies information
  provided to the department for designation status or funding
  purposes;
(3) The facility
  participates in, condones, or permits an illegal act;
(4) The facility is associated with fraud,
  deceit, or coercion;
(5) The
  facility fails to comply with state and federal licensing requirements or other
  standards applicable to the facility;
(6) The facility refuses to allow the
  department access for a compliance review or other necessary follow-up review
  related to designation.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:06 - Probation procedures

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that there is cause to place a facility
	 on probation, the following shall occur:
(1) The department shall send the facility
  written notice of probationary status and areas of noncompliance;
(2) The facility shall develop and submit a
  plan of correction within 30 days of notice of probationary status;
  and
(3) Upon receipt of the plan of
  correction, the department shall notify the facility within five business days
  of the department's decision to approve the plan of correction.
The department may conduct a site visit at least once during the
	 probationary period to monitor progress on plan of correction items. At the end
	 of the probationary period, the department shall conduct a review of the
	 facility and may reinstate the facilitys designation or revoke the facilitys
	 designation.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:07 - Acceptance of new clients prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A facility that has been placed on probation is prohibited from
	 accepting new clients until the department approves the plan of
	 correction.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:08 - Revocation procedures

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide a facility with a 15-day written notice
	 of the department's intent to revoke the facility's designation. The 15-day
	 written notice is not required if the revocation is necessary to prevent danger
	 to the life, health, or safety of a client. The notice shall contain the
	 reasons for the revocation and process for requesting a fair
	 hearing.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:09 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
A facility may appeal a denial or revocation of designation by
	 requesting a fair hearing in writing. The request shall be sent by certified
	 mail within 15 calendar days of receipt of the notification of the department's
	 action. A fair hearing is conducted under the provisions of chapter 67:17:02
	 and SDCL chapter 1-26.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:02 - Designation › Section 67:63:02:10 - Time and place of hearing

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing by an impartial hearing officer shall be held within 45
	 days after the department receives request for a fair hearing. The hearing
	 officer shall set a time and place for the hearing at the earliest reasonable
	 time. The hearing officer may continue the hearing at the request of any party
	 involved and upon agreement by the parties to a specific extension of
	 time.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:03 - General management requirements › Section 67:63:03:01 - Policies and procedures manual

Current through Register Vol. 51, page 10, July 15, 2024
Each facility shall have a policy and procedure manual to establish
	 compliance with this article and SDCL
	 27A-10-1.2 and procedures for
	 reviewing and updating the manual. At a minimum, the facility shall develop
	 policies and procedures in the following areas related to clients:
1) Intake;
2) Orientation;
3) Reporting suspected abuse, neglect, or
  exploitation within the facility;
4) Confidentiality;
5) Responding to grievances;
6) Discharge;
7) Dietary services; and
8) Medication control.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:03 - General management requirements › Section 67:63:03:02 - Dietary services

Current through Register Vol. 51, page 10, July 15, 2024
An appropriate regional facility must have procedures that at a
	 minimum comply with Chapter 67:61:09.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:03 - General management requirements › Section 67:63:03:03 - Medication control

Current through Register Vol. 51, page 10, July 15, 2024
An appropriate regional facility must have a medication control
	 procedure that at a minimum comply with Chapter 67:61:08.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:03 - General management requirements › Section 67:63:03:04 - Changes requiring notification

Current through Register Vol. 51, page 10, July 15, 2024
A designated facility shall notify the department before the following
	 changes for a determination on continued designation:
1) A change in the facility
  director;
2) A reduction in
  services provided by the facility; or
3) The impending closure of the facility.
A designated facility shall provide the department 30 days written
	 notice of closure.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:03 - General management requirements › Section 67:63:03:05 - Sentinel event notification

Current through Register Vol. 51, page 10, July 15, 2024
Each designated facility shall make a report to the department within
	 24 hours of any significant event, including but not limited to: death not
	 primarily related to the natural course of the client's illness or underlying
	 condition, permanent harm, severe temporary harm, or intervention required to
	 sustain life.
The facility shall submit a follow-up report to the department within
	 72 hours of any significant event and the report shall include:
(1) A written description of the
  event;
(2) The client's name and
  date of birth; and
(3) Immediate
  actions taken by the facility.
Each facility shall develop root cause analysis policies and procedures
	 to utilize in response to significant events.
Each facility shall also report to the department as soon as possible:
	 any fire with structural damage or where injury or death occurs; any partial or
	 complete evacuation of the facility resulting from natural disaster; or any
	 loss of utilities, such as electricity, natural gas, telephone, emergency
	 generator, fire alarm, sprinklers, and other critical equipment necessary for
	 operation of the facility for more than 24 hours.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:04 - Environmental safety requirements › Section 67:63:04:01 - Safety and sanitation plan

Current through Register Vol. 51, page 10, July 15, 2024
For each setting in which the facility provides services, there shall
	 be a health, safety, sanitation, and disaster plan that ensures the health and
	 safety of the individuals served. The plan shall include:
(1) Specific procedures for responding to a
  medical emergency;
(2) Procedures
  for responding to fire and natural disasters, including evacuation plans,
  training, and regularly scheduled fire drills;
(3) Procedures for responding to communicable
  diseases; and
(4) Procedures to
  ensure sanitation of all settings in which services are provided.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:63 - Appropriate Regional Facility › Chapter 67:63:04 - Environmental safety requirements › Section 67:63:04:02 - Life safety codes

Current through Register Vol. 51, page 10, July 15, 2024
For each setting in which a facility provides services, the facility
	 shall comply with the applicable life safety codes used in §
									67:62:09:02. An automatic
	 sprinkler system is not required in an existing facility unless significant
	 renovations or remodeling occurs; however, any existing automatic sprinkler
	 system shall remain in service.
New construction, renovations, additions, and changes of space shall
	 comply with the applicable life safety codes used in §
									67:62:09:02. Each facility shall
	 also comply with the building construction standards used in §
									67:62:09:02.
General Authority:
SDCL
		27A-10-1.2.
Law Implemented:
SDCL
		27A-10-1.2.
Life Safety Codes, §
											67:62:09:02.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:01 - General provisions › Section 68:01:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this article mean:
(1) "Account" or "accounts," one or more of the trust accounts created pursuant to a series supplemental resolution;
(2) "Act," SDCL 1-16B;
(3) "Authority," the South Dakota Economic Development Finance Authority;
(4) "Borrower," an enterprise as defined in SDCL  1-16B-6 that enters into a loan agreement with the authority;
(5) "Capitalized interest," interest on a series of bonds expected to be paid from a portion of the proceeds of the bonds;
(6) "Collateral," for a particular loan, one or more of the following:
(a) The project;
(b) Any other real or personal property subject to a security instrument;
(c) A guaranty of a loan by any person or business entity;
(d) An assignment of leases and rents of a project;
(e) A letter of credit or surety obligation; and
(f) Any other collateral or security provided to secure the loan;
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:01 - General provisions › Section 68:01:01:02 - Permissible uses of loan proceeds

Current through Register Vol. 51, page 10, July 15, 2024
The proceeds of a loan may be used to refund state or municipal obligations or obligations issued on behalf of a state agency, instrumentality, or political subdivision, the proceeds of which were applied to finance eligible project costs.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-14(4).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:01 - General provisions › Section 68:01:01:03 - Loan reserve account requirement

Current through Register Vol. 51, page 10, July 15, 2024
For any series of bonds for which a loan reserve account is required, the borrower must deposit in the loan reserve account the amount, as of the date of calculation, as follows:
(1) The amount that is equal to 10 percent of the original principal amount of the series of bonds or the lesser amount required under § 148(d)(1) of the Internal Revenue Code of 1986 to preserve the tax-exempt status of interest on the series of bonds;
(2) If the series of bonds is issued on a taxable basis, the maximum debt service, assuming no acceleration of maturity, for the bond year; or
(3) An amount as determined by the authority.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-14(4).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:01 - General provisions › Section 68:01:01:04 - Project costs inclusions and exclusions

Current through Register Vol. 51, page 10, July 15, 2024
Project costs include the aggregate amount of costs authorized by the authority to be incurred for a project and financed or to be financed by a loan, but exclude any costs of issuance and any amounts deposited or to be deposited in a loan reserve account or capitalized interest account. Project costs may include cost of issuance if the authority does not create a cost of issuance account in the series supplemental resolution and the payment of interest due on a loan that corresponds to the payment of interest due on the series of bonds which financed the loan, accruing before the completion of the project.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-14(4).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:01 - General provisions › Section 68:01:01:05 - Additional loan requirements

Current through Register Vol. 51, page 10, July 15, 2024
Loan requirements in addition to those specified in the act are as follows:
(1) The amount of the loan, net of the amount required to be deposited in the loan reserve account, may not exceed the lesser of the project costs, plus costs of issuance and capitalized interest, or the sum of the following: 80 percent of the appraised fair market value of the project upon completion, less the outstanding principal amount of any prior mortgage which is not to be discharged with proceeds of bonds of the series, 50 percent of the appraised fair market value of any equipment provided as security, and 100 percent of the stated amount of any letters of credit or surety obligations;
(2) To the extent project costs exceed the amount of the loan to be deposited in the loan account, other than to pay costs of issuance, the borrower must provide equity by making a cash contribution or providing a letter of credit, a surety obligation, additional collateral, or some other assurance of completion of the project and payment of project costs;
(3) The borrower must provide title insurance in an amount equal to the loan less the amount deposited in the loan reserve account;
(4) The borrower must provide evidence satisfactory to the authority that the project can be completed in a timely fashion;
(5) The maximum term of the loan may not exceed 80 percent of the useful life of the project, 20 years, or the final stated maturity of the series of bonds financing the loan, whichever is less;
(6) The borrower must demonstrate to the satisfaction of the authority a capacity to make the loan repayments;
(7) The borrower must demonstrate an adequate source of working capital based on projections;
(8) A guaranty in favor of the authority must be executed by persons having a 20 percent ownership interest in the borrower unless shares of the borrower are traded on a stock exchange or by any corporate guarantor;
(9) The borrower must supply financial statements, which may be audited or unaudited, for each of the three full fiscal years prior to the date of issuance of the series of bonds and interim financial statements when available; and
(10) Facilities which are not owner-occupied must be leased to meet debt service. The borrower must provide assignments of leases land of rent payments to the authority by the date of issuance of any bonds. The terms and conditions of any such leasehold estate securing a loan are subject to approval of the authority.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-14(4),  1-16B-37.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:01 - General provisions › Section 68:01:01:06 - Priority of funds available

Current through Register Vol. 51, page 10, July 15, 2024
Funds are available for eligible projects on a first-come, first-serve basis for those applicants who meet all the requirements of the loan program.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-14(4).
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:02 - APEX loan program › Section 68:01:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words used in this chapter mean:
(1) "Applicant," a person, partnership, joint venture, corporation, profit or nonprofit development corporation, or other qualified enterprise that has completed an APEX application for a loan from the APEX fund;
(2) "Borrower," an applicant who has been awarded a loan from the APEX fund;
(3) "APEX," the agriculture processing and export fund;
(4) "Equity," capital that has no guaranteed or mandatory return which must be paid out in any event, has no definite timetable for repayment of the capital investment, and may not be withdrawn at the contributor's option without the permission of the superior debt holders;
(5) "USDA RD," United States Department of Agriculture Rural Development;
(6) "GOED," the Governor's Office of Economic Development;
(7) "IRP," Intermediary Relending Program;
(8) "Preliminary design stage," that portion of the project associated with market research studies identifying the project scope and need, compilation of the business plan, written initial cost estimates, written site options and description, and the commitment of the regulated lender;
(9) "Primary jobs," jobs that provide goods and services that are primarily exported from the state, that gain market share from imports to the state, or that meet an unmet need in the area and result in the creation of new wealth. Primary jobs are derived from businesses that bring new income into an area, stimulate other local businesses, or assist a community to diversify and stabilize its economy;
(10) "REDI," Revolving Economic Development Initiative;
(11) "Regulated lender," as defined in SDCL  54-3-14, including state-sanctioned lending authorities and federally sanctioned lending authorities;
(12) "Total project costs," the direct costs associated with the purchase of land, necessary site development and improvements, construction or acquisition and remodeling of buildings and works necessary to the operation and protection of the project, purchase and installation of machinery and equipment, fees for services, approved in-kind contributions, and adequate financing of working capital.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-37,  1-16B-44.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:02 - APEX loan program › Section 68:01:02:02 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for a loan under this chapter, an applicant must satisfy SDCL  1-16B-41 and be a for-profit business, a for-profit or nonprofit development corporation, or nonprofit business cooperative that is either a start-up business, an existing business, or the relocation of an existing business from out-of-state that will create new jobs in South Dakota and that will do the following:
(1) Export a minimum of 75 percent of its product to entities outside the state of South Dakota or replace an import;
(2) Provide employment opportunities for low-income persons or displaced farm families to the maximum extent practicable;
(3) Use a South Dakota grown or produced agricultural product as at least 50 percent of the raw material; and
(4) Locate in a municipality with a population less than 25,000, as listed according to the latest decennial census.
An applicant may request a waiver of subdivision (1), (3), or (4) by petitioning the authority; however, not more than two of the subdivisions may be waived for any one applicant. A two-thirds vote by the authority is necessary to approve a waiver.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-3,  1-16B-37,  1-16B-41,  1-16B-44.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:02 - APEX loan program › Section 68:01:02:03 - Application requirements

Current through Register Vol. 51, page 10, July 15, 2024
Application forms shall be provided by the GOED and must be completed and signed before an application is presented to the board. Information from a REDI fund application may be considered and applied to an APEX fund application.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-40,  1-16B-44.
REDI fund, ch 68:02:01.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:02 - APEX loan program › Section 68:01:02:04 - Loan amounts

Current through Register Vol. 51, page 10, July 15, 2024
A loan may not exceed the lesser of $250,000 or 75 percent of the total project costs. No more than 25percent of an IRP loan may be used for loans in excess of $150,000. This limit does not apply to revolved funds.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-37,  1-16B-43,  1-16B-44.
South Dakota Administrative Rules › Title 68 - Tourism and State Development › Article 68:01 - Economic development finance authority › Chapter 68:01:02 - APEX loan program › Section 68:01:02:05 - Equity contribution

Current through Register Vol. 51, page 10, July 15, 2024
An applicant must provide an equity contribution of a minimum of 10 percent of the total project costs as determined by the authority.
In-kind contributions and completed work may be applied toward the equity contribution and total project costs if, in the judgment of the authority and the USDA RD, such in-kind contributions and work completed contribute sufficiently to the current project.
The equity requirement may be waived by a two-thirds vote of the authority, with the approval of USDA RD.
General Authority:
SDCL  1-16B-14(4).
Law Implemented:
SDCL  1-16B-43,  1-16B-44.