reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:04 - Access to medical providers and other case management services

Current through Register Vol. 51, page 10, July 15, 2024
The case management plan satisfies the requirements of subdivisions 47:03:04:03(1) and (2) by either of the following methods or through a combination of both methods:
(1) The plan establishes a network of participating medical providers who agree to provide medical services to the plan; or
(2) The plan establishes a procedure for an employee to receive medical services through a referral to a medical provider who is not a member of the case management plan, in accordance with §
									47:03:04:05, in cases where the services are not available or reasonably accessible within the case management plan.
For the purpose of this chapter, access to a medical provider within a reasonable distance from the employee's home or place of employment requires consideration of the geographic area involved, the number of medical providers in the area, and the normal patterns of travel for medical care. The employer must notify the case management plan of any compensable injury or disability that requires medical treatment other than minor first aid within 24 hours after obtaining knowledge of the injury or disability. An employee who requests treatment for a compensable injury or disability from the case management plan must receive treatment by a participating medical provider or by referral to a qualified medical provider who is not a member of the managed plan within 48 hours after the employee's request for treatment unless it is impracticable considering the circumstances of the case.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:05 - Access to outside medical providers

Current through Register Vol. 51, page 10, July 15, 2024
A medical provider who is not a participating provider in the case management plan may provide medical services to an employee in any of the following circumstances:
(1) When the employee makes the initial selection of a medical provider pursuant to SDCL  62-4-1 and  62-4-43 and notifies the case management plan of that selection before treatment or as soon as possible after treatment has been provided;
(2) When the employee requires emergency treatment;
(3) When the case management plan refers the employee or approves a referral to a medical provider outside the case management plan for medical services; or
(4) When compensability for an injury or disability is denied by the insurer. The employer is liable for reasonable and necessary medical services if the injury or disability is later determined compensable. At the point that the injury or disability is accepted as compensable by the insurer or is determined to be compensable, the medical provider must comply with the requirements of §
									47:03:04:06.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-4-45,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:06 - Provision of services by outside medical providers

Current through Register Vol. 51, page 10, July 15, 2024
To provide medical services under subdivisions 47:03:04:05(1), (2), and (3), the medical provider must comply with the following requirements:
(1) Agree to examine the employee within 48 hours of the employee's request for treatment or consultation unless it is impracticable under the circumstances of the case;
(2) Agree to supply the reports required by SDCL  62-4-44 and  62-4-45 to the case management plan;
(3) Agree to receive approval from the case management plan before any referral for other treatment the employee may require or before any diagnostic testing the employee may require, other than minor diagnostic testing exempted from the approval requirement under the plan's treatment standards; and
(4) Agree to abide by the provisions of this chapter and the terms and conditions of the case management plan.
The employee must notify the medical provider that the employee is covered by a case management plan before treatment is rendered. A medical provider who has been informed that an employee is covered by a case management plan and who fails to comply with the requirements of this section is subject to denial of payment for the services rendered to the employee. An employee who desires to change the initial selection of medical provider must receive written approval from the case management plan. A medical provider initially selected by an employee who refers the employee for specialized treatment or testing may continue to treat the employee if continued treatment is appropriate. The employer may assign to the case management plan its rights to notification, to approve a change in medical provider, and to receive reports under SDCL  62-4-43,  62-4-44, and  62-4-45.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-4-45,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:07 - Access to all health care disciplines

Current through Register Vol. 51, page 10, July 15, 2024
The department may deny certification or may revoke or suspend the certification of a case management plan that unfairly restricts access within the case management plan to any medical provider. A plan unfairly restricts access when access is denied to a medical provider and the treatment or service sought is within the scope of practice of the profession and is proper under the treatment standards adopted by the plan and approved by the department. The plan must give employees convenient access to all categories of providers and flexibility to choose medical providers from among those who provide services under the plan.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:08 - Case management

Current through Register Vol. 51, page 10, July 15, 2024
Case management includes the following:
(1) Developing a treatment plan to provide medical services to an injured or disabled employee;
(2) Systematically monitoring the treatment rendered and the medical progress of the injured or disabled employee;
(3) Ensuring that the injured or disabled employee is following the prescribed treatment plan; and
(4) Formulating a plan for return to work when medically and vocationally appropriate for the employee.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:10 - Dispute resolution

Current through Register Vol. 51, page 10, July 15, 2024
Any person or entity aggrieved by the action of a certified case management plan must exhaust the dispute resolution procedure of the plan prior to filing a petition or otherwise seeking relief from the department on an issue related to case management. If the aggrieved party has exhausted the dispute resolution procedure of the case management plan or the plan has failed to resolve a dispute within 30 calendar days after the dispute was submitted to the plan, the party may petition the department for a hearing on the matter in dispute pursuant to SDCL chapter 1-26. The petition for a hearing must be mailed within 30 calendar days after written notice of the final decision of the case management plan is mailed to the aggrieved party.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:11 - Revocation, suspension, and denial of certification

Current through Register Vol. 51, page 10, July 15, 2024
The department shall deny the certification or shall revoke or suspend the certification of a case management plan if the department finds that the plan fails to meet the requirements of this chapter or service under the plan is not being provided in accordance with the terms of a certified plan. If certification is denied, suspended, or revoked, the department shall explain in writing the grounds for the action. Any person or entity aggrieved by a denial, revocation, or suspension of the certification of a case management plan may petition the department for a hearing pursuant to SDCL chapter 1-26. The petition for a hearing must be mailed to the department within 30 calendar days after written notice of the denial, revocation, or suspension is mailed to the aggrieved party. The revocation or suspension is not effective until the time to petition for a hearing has expired. If a timely petition for a hearing is filed, the revocation or suspension is stayed pending the decision of the department after the hearing.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:12 - Conduct of hearings

Current through Register Vol. 51, page 10, July 15, 2024
When a petition for a hearing is filed under §
									47:03:04:10  or 47:03:04:11, the following procedures apply in addition to those set forth in SDCL chapter 1-26. The department may resolve the dispute through mediation before conducting a hearing on the matter. If a party will not be prejudiced substantially, the department may resolve the dispute based on the submission of all or part of the evidence in written form, with or without opportunity for oral presentation. The department may conduct all or part of a mediation or hearing by teleconference as defined in SDCL  1-25-1.2.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:13 and 47:03:04:13.01 - Compliance with SDCL 62-5-21. Repealed

Current through Register Vol. 51, page 10, July 15, 2024
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:04 - Case management plans for workers' compensation › Section 47:03:04:14 - Charges and fees

Current through Register Vol. 51, page 10, July 15, 2024
Participating and nonparticipating medical providers are not entitled to payment from an insurer or employee for fees or services determined to be excessive under SDCL  62-7-8, medically unnecessary under the provisions of this chapter, or in violation of other requirements of §
									47:03:04:06.
General Authority:
SDCL  58-20-24,  62-5-21.
Law Implemented:
SDCL  58-20-24,  62-5-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:02 - Incorporation of Relative Values for Physicians

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise provided in this chapter, the definitions and procedures for determining reimbursement for medical services or treatment are those set forth in
Relative Values for Physicians,
Relative Value Studies, Inc.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
Relative Values for Physicians,
Relative Value Studies, Inc., 301-8 2020, published by Optum 360, LLC. Copies may be obtained from Optuin 360, LLC, PO Box 88050, Chicago, IL 60680-9920. Cost: $329.95.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:02.01 - Incorporation of Relative Values for Dentists

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise provided in this chapter, the definitions and procedures for determining reimbursement for dental services or treatment are those set forth in
Relative Values for Dentists
, Relative Value Studies, Inc., 2009.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
Relative Values for Dentists
, 2009 edition, published by Relative Value Studies, Inc. Copies may be obtained from Relative Value Studies, Inc., 1675 Larimer Street, Suite 410, Denver, CO 80202;
https://www.rvsdata.com/rvs-bin/order1a.cgi#oprvd
. Cost: $70.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:05 - Reimbursement criteria

Current through Register Vol. 51, page 10, July 15, 2024
To be reimbursed, the charge must be for reasonable and necessary services for the cure or relief of the effects of a compensable injury or disability. A health care provider is not entitled to payment from an insurer or employee for fees in excess of the maximum reimbursement allowed under this chapter.
Except as otherwise provided in this chapter, to determine the maximum reimbursement for services, the base unit value for a procedure code is multiplied by the following factors:
Procedure Code
Factor
10000-69999
$100.80
70000-79999
$ 19.07
80000-89999
$ 15.28
90000-95906
$ 6.57
95907-95913
$ 8.39
95914-97150
$ 6.57
97161
$21.11
97162
$ 13.20
97163
$ 6.61
97164
$ 15.08
97165
$21.11
97166
$ 13.20
97167
$ 6.61
97168
$ 15.08
97169-99071
$ 6.57
99075
$ 14.37 1st hour, $1.78 each additional 15 min
99076-99199
$ 6.57
99201-99450
$ 8.00
99455-99456
$ 19.33 1st hour, $2.41 each additional 15 min
99460-99499
$ 8.00
99500-99607
$ 6.57
If a code is properly submitted for one of these services, but is not listed in
Relative Values for Physicians,
or the base unit value is RNE or BR, the reimbursement is 80% of the provider's charge.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
Properly submitted medical bill, §
											47:03:09:01.
Relative Values for Physicians,
Relative Value Studies, Inc., 2020. published by Optum 360, LLC. Copies may be obtained from Optum 360, LLC, PO Box 88050, Chicago, IL 60680-9920. Cost $329.95.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:06 - Dispute resolution

Current through Register Vol. 51, page 10, July 15, 2024
A person or entity aggrieved by the action of an insurer regarding medical fees must exhaust the dispute resolution procedure of the insurer before filing a petition or otherwise seeking relief from the department. If the aggrieved party has exhausted the dispute resolution procedure of the insurer or the insurer has failed to resolve a dispute within 30 calendar days after the dispute was submitted to the insurer, the party may petition the department for a hearing on the matter in dispute pursuant to SDCL chapter 1-26. The petition for a hearing must be mailed within 30 calendar days after written notice of the final decision of the insurer is mailed to the aggrieved party.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:07 - Mediation

Current through Register Vol. 51, page 10, July 15, 2024
When a petition for a hearing is filed under §
									47:03:05:06, the Department may grant a request for mediation before conducting a hearing under SDCL chapter 1-26 on the matter if the department determines that a party will not be prejudiced substantially.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:09 - Reimbursement for copies

Current through Register Vol. 51, page 10, July 15, 2024
The maximum reimbursement for copies of provider records is ten dollars for the first ten pages, and thirty-three cents for each additional page.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:10.01 - Reimbursement for anesthesia services

Current through Register Vol. 51, page 10, July 15, 2024
The reimbursement for anesthesia services may not exceed the amount determined by adding the base unit value, the physical status modifier unit value, and the qualifying circumstances unit value, and multiplying the result by $40.28. An amount not to exceed $40.28 may be added for each additional fifteen minutes of anesthesia time. Any amount of anesthesia time that is less than fifteen minutes but at least five minutes may be rounded to the next fifteen minute increment.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:12 - Reimbursement for other medical services

Current through Register Vol. 51, page 10, July 15, 2024
The maximum reimbursement for medical services not otherwise identified in this chapter is eighty percent of the amount charged. Only those medical facilities identified in Appendix B are subject to the provisions of this section.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:13 - Reimbursement for dental services

Current through Register Vol. 51, page 10, July 15, 2024
To determine the maximum reimbursement for dental services, the unit value for a procedure code is multiplied by a factor of $56.48.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Section 47:03:05:14 - Reimbursement for drugs

Current through Register Vol. 51, page 10, July 15, 2024
The reimbursement for drugs may not exceed the provider's usual and customary charge.
General Authority:
SDCL  62-7-8.
Law Implemented:
SDCL  62-7-8.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:05 - Medical fee schedules › Appendix B - Facilities Subject to 20% Reduction

Current through Register Vol. 51, page 10, July 15, 2024
FACILITIES SUBJECT TO 20% REDUCTION
Avera Heart Hospital
Avera McKennan Hospital
Avera Queen of Peace Hospital
Avera Sacred Heart Hospital
Avera St. Luke's Hospital
Avera St. Mary's Hospital
Black Hills Surgical Hospital
Brookings Ambulatory Surgical Center
Brookings Hospital
Dakota Plains Surgical Center
Huron Regional Medical Center
Lewis and Clark Specialty Hospital
Mallard Point Surgical Center
Prairie Lakes Hospital
Prairie States Surgical Center
Rapid City Regional Hospital
Same Day Surgery Center
Sanford Aberdeen Medical Center
Sanford USD Medical Center
Sioux Falls Specialty Hospital
Sioux Falls Surgical Hospital
Siouxland Surgery Center
Yankton Medical Clinic Surgicenter
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:07 - Independent contractors › Section 47:03:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Department," the Department of Labor and Regulation;
(2) "Owner-operator," an individual, partner, or corporate shareholder who owns a vehicle licensed and registered as a truck, road tractor, or truck tractor by a governmental agency.
General Authority:
SDCL  62-1-14.
Law Implemented:
SDCL  62-1-10 to  62-1-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:07 - Independent contractors › Section 47:03:07:02 - Application

Current through Register Vol. 51, page 10, July 15, 2024
An owner-operator may apply in writing to the department to be certified as an independent contractor. The application must be made on a form provided by the department.
General Authority:
SDCL  62-1-14.
Law Implemented:
SDCL  62-1-10 to  62-1-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:07 - Independent contractors › Section 47:03:07:03 - Certification as independent contractor

Current through Register Vol. 51, page 10, July 15, 2024
If the department grants certification to an owner-operator, the department shall issue a certificate verifying the owner-operator's status. The certificate is valid for the period the department specifies in the certificate unless it is revoked or suspended.
General Authority:
SDCL  62-1-14.
Law Implemented:
SDCL  62-1-10 to  62-1-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:07 - Independent contractors › Section 47:03:07:04 - Revocation, suspension, and denial of certification

Current through Register Vol. 51, page 10, July 15, 2024
The department shall deny the certification or shall revoke or suspend the certification of an owner-operator if the department finds that the owner-operator fails to meet the requirements of this chapter. If certification is denied, suspended, or revoked, the department shall explain in writing the grounds for the action. An owner-operator aggrieved by a denial, revocation, or suspension of a certificate may request the department for a hearing pursuant to SDCL chapter 1-26.
General Authority:
SDCL  62-1-14.
Law Implemented:
SDCL  62-1-10 to  62-1-12.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:08 - Educational benefits for surviving dependents › Section 47:03:08:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Academic year," two consecutive semesters, three consecutive trimesters, or four consecutive quarters;
(2) "Cost of attendance," tuition, educational fees, supplies, and housing expenses incurred by a student in connection with attending eligible institutions;
(3) "Eligible institution," an educational institution beyond high school, located in South Dakota, which the South Dakota Department of Education and Cultural Affairs has determined to be regularly accredited to offer postsecondary educational services;
(4) "Student," a person eligible to receive payments under the requirements of SDCL  62-4-8.1 and this chapter.
General Authority:
SDCL  62-4-8.1.
Law Implemented:
SDCL  62-4-8.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:08 - Educational benefits for surviving dependents › Section 47:03:08:02 - Payment for costs of attendance

Current through Register Vol. 51, page 10, July 15, 2024
An employer shall pay up to $2,000 per academic year for the student's cost of attendance for that year. The payment shall be made directly to the eligible institution with which the student is enrolled.
General Authority:
SDCL  62-4-8.1.
Law Implemented:
SDCL  62-4-8.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:08 - Educational benefits for surviving dependents › Section 47:03:08:03 - Certifying attendance

Current through Register Vol. 51, page 10, July 15, 2024
An employer may require an eligible institution or a student to certify that the student has incurred costs of attendance at the institution.
General Authority:
SDCL  62-4-8.1.
Law Implemented:
SDCL  62-4-8.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:08 - Educational benefits for surviving dependents › Section 47:03:08:04 - Payments for five academic years

Current through Register Vol. 51, page 10, July 15, 2024
An employer shall make payments under this chapter for up to five academic years.
General Authority:
SDCL  62-4-8.1.
Law Implemented:
SDCL  62-4-8.1.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:09 - Medical bill submissions › Section 47:03:09:01 - Properly submitted medical bill

Current through Register Vol. 51, page 10, July 15, 2024
A properly submitted medical bill is a request by a provider for payment of health care services that meets the following requirements:
(1) Submitted to the employer according to the applicable reporting and coding standards of the Centers for Medicare and Medicaid Studies, the National Council for Prescription Drug Programs, or the American Dental Association; and
(2) Accompanied by sufficient medical records or reports that the employer can determine the reasonableness and necessity of the treatment provided.
A submission to a self-insured employer, insurer, medical bill reviewer, medical case management plan, third party administrator, claims adjuster, trustee, guarantor, or other entity having a similar association to the employer is considered submission to all such entities simultaneously. The employer may waive the requirements of this section.
General Authority:
SDCL  62-4-1.2.
Law Implemented:
SDCL  62-4-1.1,  62-4-1.2.
Note:
The Centers for Medicare and Medicaid Studies publishes its bill processing requirements at
www.cms.hhs.gov/QuarterlyProviderUpdates
. For pharmacy-related bill processing, information is available at NCPDP, Inc. 4201 North 24th Street, Suite 365, Phoenix, AZ 85016-6268, (602) 957-9105. For dental bill processing, information is available at
www.ada.org
, 211 East Chicago Ave., Chicago, IL 60611-2678, (312) 440-2500.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:10 - Independent contractor affidavit of exempt status › Section 47:03:10:01 - Method for completing affidavit of exempt status

Current through Register Vol. 51, page 10, July 15, 2024
If an independent contractor elects to complete the affidavit of exempt status as provided in Appendix A, the following are applicable:
(1) The affidavit of exempt status and the exempt status fact sheet attachment, as provided in Appendix B, must be completed before beginning work on the project specified in the affidavit for the general contractor;
(2) Both the independent contractor and the general contractor shall sign the affidavit of exempt status; and
(3) A copy of the completed affidavit of exempt status must be provided to the independent contractor and the general contractor.
General Authority:
SDCL  62-1-20.
Law Implemented:
SDCL  62-1-20.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:10 - Independent contractor affidavit of exempt status › Section 47:03:10:02 - Filing of affidavit of exempt status

Current through Register Vol. 51, page 10, July 15, 2024
If the affidavit of exempt status and the exempt status fact sheet is completed, the general contractor shall provide copies to the general contractor's workers' compensation insurance carrier.
General Authority:
SDCL  62-1-20.
Law Implemented:
SDCL  62-1-20.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:10 - Independent contractor affidavit of exempt status › Section 47:03:10:03 - Applicability of affidavit of exempt status

Current through Register Vol. 51, page 10, July 15, 2024
The affidavit of exempt status may not be executed by an owner-operator, a person deemed an employee, or a person deemed an employer by Title 62.
General Authority:
SDCL  62-1-20.
Law Implemented:
SDCL  62-1-20.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:03 - Workers' compensation › Chapter 47:03:10 - Independent contractor affidavit of exempt status › Appendix A - AFFIDAVIT OF EXEMPT STATUS

Current through Register Vol. 51, page 10, July 15, 2024
APPENDIX A
STATE OF SOUTH DAKOTA)
) SS AFFIDAVIT OF EXEMPT STATUS
COUNTY OF ______________
I state under oath as follows:
1. I, ______________________, operating as_____________________________________, (Independent Contractor) (Independent Contractor's Business Name) have agreed to provide services for ____________________ during calendar year _____.
(General Contractor) (Year)
2. I have read, signed, and attached the Exempt Status Fact Sheet and understand that an Independent Contractor is one who engages to perform certain services for another, according to his own manner and method, free from control and direction of the contractor in all matters connected with the performance of the service, except as to the result or product of the work.
3. I understand that based upon the representations in this Affidavit of Exempt Status that I have signed, I am requesting that the Contractor identified above consider my business to be that of an independent contractor; that I am not an employee under the Workers' Compensation Act and the policy issued by ___________________________________.
General Contractor's Insurance Carrier
4. I am an independent contractor, not an employee of the contractor, and I do not want workers' compensation insurance.
5. I am not an employer for the purposes of the Workers' Compensation Act.
6. I have read, signed, and attached the Exempt Status Fact Sheet describing what an Independent Contractor is and the information provided is not the result of force, threats, coercion, compulsion, or duress.
7. I understand that the execution of this affidavit shall establish a rebuttable presumption that I am not an employee for purposes of the Workers' Compensation Act.
8. I understand that by signing this affidavit I will not be eligible for compensation under the South Dakota Workers' Compensation Law.
9. I understand the execution of this affidavit does not affect the rights or coverage of any employee of the individual executing the affidavit.
10. I understand that soliciting or providing false information on this affidavit with actual knowledge is a Class 2 misdemeanor.
_______________________________ ___________
Independent Contractor Signature Date
_______________________________ _______________________________
Independent Contractor Name Title
Subscribed and sworn to before me this ________ day of _____________, 20 _____.
________________________________
Notary Public- South Dakota
(Seal)
My commission expires:_____________
________________________________ ___________
General Contractor Signature Date
________________________________ _______________________________
General Contractor Name Title
Subscribed and sworn to before me this _________ day of _____________, 20 _____.
_________________________________
Notary Public-South Dakota
(Seal)
My commission expires:_____________.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:04 - Wage collection › Chapter 47:04:01 - Wage collection › Section 47:04:01:01 - Form required for claims

Current through Register Vol. 51, page 10, July 15, 2024
All claims for unpaid wages under SDCL 60-11 shall be filed with the division in writing. A simple letter stating the facts, such as amount owed, name and address of the employer, and period of time worked is sufficient.
General Authority:
SDCL  60-11-20.
Law Implemented:
SDCL  60-11-17.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:04 - Wage collection › Chapter 47:04:01 - Wage collection › Section 47:04:01:06 - Assignment of wage claim

Current through Register Vol. 51, page 10, July 15, 2024
The division after having determined that a claim for wages is valid may take assignment of the wage claim on forms approved by the division.
General Authority:
SDCL  60-11-20.
Law Implemented:
SDCL  60-11-17,  60-11-18,  60-11-19.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:01 - Definitions and general provisions › Section 47:06:01:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
As used in article 47:06, these terms, unless otherwise clearly indicated, mean:
(1) "Agency," an officer, board, commission, or other authority charged with the administration of the reemployment assistance law of a jurisdiction;
(2) "Initial claim for benefits," a new or additional claim. A new claim is the first claim filed by an individual requesting a determination of eligibility, weekly benefit amount, and maximum benefits payable. An additional claim is a request for resumption of benefit payments after benefits have been interrupted due to employment, nonavailability, or other causes;
(3) "Interested agency," an agency of a jurisdiction involved when an employing unit elects to cover multistate workers;
(4) "Interested jurisdiction," a participating jurisdiction involved when an employing unit elects to cover multistate workers and to which the employing unit sends its election for approval;
(5) "Jurisdiction," a state of the United States, the District of Columbia, Canada, or the federal government of the United States;
(6) "Participating jurisdiction," a jurisdiction whose administrative agency has and continues to subscribe to the Interstate Reciprocal Coverage Arrangement;
(7) "Party appealing," the party filing an appeal from a determination of a claims deputy to the hearing examiner or from a decision of a hearing examiner to the secretary of the Department of Labor and Regulation;
(8) "Public employment office," the state or local office established by the Department of Labor and Regulation;
(9) "Services customarily performed by an employer in more than one jurisdiction," services performed in more than one jurisdiction during a period of time, if the nature of the service gives assurance that it will continue to be performed in more than one jurisdiction or if the services are required or expected to be performed in more than one jurisdiction under an employing unit's election to cover multistate workers;
(10) "Seasonal industry," an industry which customarily suspends its operations for revenue for a period of five months or more within a calendar year except for basic caretaking activities and which is designated as a seasonal industry by the Department of Labor and Regulation;
(11) "Week of unemployment," one of the seven-consecutive-day periods beginning on Sunday as defined in SDCL  61-1-51;
(12) "Transitional claim," a claim that is filed without an interruption in filing between the benefit year that has expired and the beginning of a new benefit year.
General Authority:
SDCL  61-1-1(18)
Law Implemented:
SDCL  61-1-1(18)
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:01 - Definitions and general provisions › Section 47:06:01:02 - Designation of specific industries as seasonal - Duration of season

Current through Register Vol. 51, page 10, July 15, 2024
Following is a list of seasonal industries, together with the duration of the season applicable to each:
(1) Summer hotels, inns, camps, curio shops, roadside restaurants, ice cream and soft drink stands, and stable or trail ride operations: May 1 to October 1;
(2) Tourist souvenir stores, tour buses, information centers, and other operations in the tourist industry: May 1 to October 31;
(3) Drive-in theaters and concessions: April 15 to November 1;
(4) Racetracks and racetrack concessions: May 15 to October 1;
(5) Baseball teams and ball park concessions: May 1 to September 15;
(6) Carnivals: May 1 to October 1;
(7) Seasonally operated country clubs and golf courses: April 1 to November 1;
(8) Seasonally operated chair lifts: May 1 to November 1;
(9) Seasonally operated ski resorts: November 1 to May 1;
(10) Outdoor swimming pools: May 15 to September 15;
(11) Seasonally operated hunting preserves or game lodges: September 1 to February 1;
(12) Retail nurseries classified in industry number 444220 as enumerated in the North American Industry Classification Manual (NAICS): May 1 to October 31;
(13) Retail fireworks stands: May 1 to September 15;
(14) Seasonally operated small game cleaning services: September 1 to February 1.
General Authority:
SDCL  61-1-54.
Law Implemented:
SDCL  61-1-54.
North American Industry Classification System. The NAICS Manual is available online at
http://www.census.gov/eos/www/naics/
. Copies of the manual in print and on CD-ROM may be obtained from the National Technical Information Service, telephone number (800) 553-6847, or through the NIST Web site
http://www.ntis.gov/Index.aspx
.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:01 - Definitions and general provisions › Section 47:06:01:03 - Requirements for approved training

Current through Register Vol. 51, page 10, July 15, 2024
Approved training pursuant to SDCL  61-6-21 is limited to the following:
(1) Training under the Workforce Innovation and Opportunity Act as in effect on July 1, 2015, and the Trade Act of 1974 as in effect on January 1, 1993; or
(2) Programs of instruction in vocational training or in basic educational or employment skills.
An individual in approved training must be principally occupied as a student and be able to complete the program in 24 months or less.
General Authority:
SDCL  61-6-1(1),  61-6-21.
Law Implemented:
SDCL  61-6-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:01 - Definitions and general provisions › Section 47:06:01:04 - Required findings before approval of training

Current through Register Vol. 51, page 10, July 15, 2024
Before training is approved by the Department of Labor and Regulation, the department must find that employment opportunities for which the individual is suited by training or experience are minimal in the individual's usual labor market area based on current labor market information and are unlikely to improve in the foreseeable future; that the training is in an occupation or skill for which there are, or are expected to be upon completion of the training, employment opportunities in the area where the individual intends to seek work; and that the individual has aptitudes or skills which can be usefully supplemented by retraining. Under this section, employment for which the claimant is suited by training or experience means suitable work considering the factors in SDCL  61-6-17.
General Authority:
SDCL  61-6-1(1),  61-6-21.
Law Implemented:
SDCL  61-6-21.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:01 - Definitions and general provisions › Section 47:06:01:06 - Department action on petition

Current through Register Vol. 51, page 10, July 15, 2024
The secretary shall apply the given facts to the applicable statutes, rules, or decisions and issue a declaratory ruling based on those facts. A copy of the ruling shall be sent to the petitioner. The secretary may refuse to issue a declaratory ruling if the facts in the request are similar to those in a contested case in which a final decision of the department is pending.
General Authority:
SDCL  1-26-15.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:01 - Content of employer records

Current through Register Vol. 51, page 10, July 15, 2024
Each employer shall maintain a payroll record which shows the following:
(1) Each employee's name and social security account number;
(2) The point at which services were performed by the employee;
(3) The number of hours employed in each week and the wages paid for the week;
(4) The date each employee was hired, rehired, or returned to work after a temporary layoff;
(5) Time lost, if any, by each employee due to unavailability for work;
(6) The date each employee was separated from employment and the reason for the separation;
(7) The hours worked and the wages received for services in exempt employment such as agricultural labor;
(8) The total wages paid to each employee during each calendar quarter, showing the following:
(a) Money wages;
(b) The cash value of other remuneration, including gratuities and tips;
(c) Deductions from wages for expenses incurred by each employee.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:02 - Employer's report to determine liability

Current through Register Vol. 51, page 10, July 15, 2024
Each employer, when requested by the Department of Labor and Regulation or upon becoming a liable employer in this state, shall file with the Department of Labor and Regulation a report to determine liability. The report shall contain, but not be limited to, the following:
(1) Employer's name, address, and type of organization;
(2) Work locations and dates of employment; and
(3) Employees' earnings.
General Authority:
SDCL  61-3-2.
Law Implemented:
SDCL  61-3-2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:03 - Employer's contribution report

Current through Register Vol. 51, page 10, July 15, 2024
Each employer, during the month following the end of each calendar quarter, shall submit a report of employment and wages. The report shall show the number of employees for the period required on the form, the total wages paid to all employees during the period regardless of when services were performed, the total nontaxable wages and the total taxable wages, and the contribution due in accordance with instructions accompanying the form. Sale or closing of the business shall be shown on the final quarterly report as provided on the form and in the instructions.
General Authority:
SDCL  61-3-2.
Law Implemented:
SDCL  61-3-2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:03.01 - Domestic employer's annual contribution report

Current through Register Vol. 51, page 10, July 15, 2024
An employer as defined in SDCL  61-1-19 who is not otherwise considered an employer, may elect to report employment and wages annually. An employer who elects to report contributions under this section must make the election no later than December 31 of the year before the first calendar year reported. The election must be made in a fonnat or on a form authorized by the Department of Labor and Regulation,
Each employer that qualifies and has made an election to file annually, shall submit a report of employment and wages by January 31 of the year following the year wages were paid. The report as prescribed in 47:06:02:03 shall be subtotaled for each quarter.
General Authority:
SDCL  61-3-2.
Law Implemented:
SDCL  61-3-2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:04 - Employer's wage report

Current through Register Vol. 51, page 10, July 15, 2024
Each employer, during the month following the end of each calendar quarter, shall report the following information to the Department of Labor and Regulation:
(1) The Department of Labor and Regulation registration number of the employer, the employer's name, and the address at which payroll records are maintained;
(2) The name and social security account number of each employee;
(3) The total Wages, including gratuities and other remunerations, paid during periods ending within the quarter.
Domestic employers, who elected and qualify to report wages and contributions annually, shall report the above information to the Department of Labor and Regulation by January 31 of the year following the year wages were paid.
General Authority:
SDCL  61-3-2.
Law Implemented:
SDCL  61-3-2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:06 - Payment in kind

Current through Register Vol. 51, page 10, July 15, 2024
Board, lodging, or payment in kind received by an employee in addition to or in lieu of cash wages is taxable and shall be reported by the employer at the prevailing wage rate for the type of work performed in that area by the employee.
Where a cash value for board and lodging furnished an employee is agreed upon in a contract for hire, the amount agreed upon shall be the value of the board and lodging, if it is more than the prevailing wage rate.
General Authority:
SDCL  61-1-1(9),  61-3-2.
Law Implemented:
SDCL  61-3-2.
South Dakota Administrative Rules › Title 47 - Department of Labor And Regulation › Article 47:06 - Reemployment assistance › Chapter 47:06:02 - Employer's contributions and accounts › Section 47:06:02:07 - Employer's report of change or discontinuance of ownership, trade name, or business

Current through Register Vol. 51, page 10, July 15, 2024
An employer who terminates a business; transfers or sells all or a substantial part of the assets of an organization, trade, or business to another; or changes the trade name of the business or its address shall, within 30 days after the termination, transfer, or change of name or address, give notice in writing to the secretary of the Department of Labor and Regulation. The employer shall report whether the experience rating account is or is not to be transferred.
An individual, firm, or corporation who acquires all or a substantial part of the trade, business, or assets of a liable employer shall, within 30 days after the acquisition, notify the secretary of the Department of Labor and Regulation of that fact, furnishing the information on forms prescribed by the department.
For the purpose of this section, a "substantial part" of a business shall be considered any department, unit, or establishment of the business.
General Authority:
SDCL  61-3-2.
Law Implemented:
SDCL  61-3-2,  61-5-42.