reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:03 - The practice of certified professional midwifery › Section 20:86:03:11 - Administration of drugs and medications

Current through Register Vol. 51, page 10, July 15, 2024
A licensed certified professional midwife may use the drugs described in the drug formulary list in Appendix A according to the listed protocols describing the indication for use, dosage, route of administration, and duration of treatment.
General Authority:
SDCL  36-9C-32(2)
Law Implemented:
SDCL  36-9C-13(7)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:04 - Fees › Section 20:86:04:01 - Initial licensure

Current through Register Vol. 51, page 10, July 15, 2024
Each person licensed to practice in this state shall pay an initial licensure fee of $1,000.
General Authority:
SDCL  36-9C-32(4)
Law Implemented:
SDCL  36-9C-19(1)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:04 - Fees › Section 20:86:04:02 - Biennial renewal

Current through Register Vol. 51, page 10, July 15, 2024
Each person licensed to practice within this state shall renew the license biennially on October 31st. The renewal fee is $1,500. Failure to secure a renewal certificate shall result in a lapse. A lapsed license may be reinstated in accordance with 20:85:02:06.
General Authority:
SDCL  36-9C-32(4)
Law Implemented:
SDCL  36-9C-19(2)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:04 - Fees › Section 20:86:04:03 - Lapsed license

Current through Register Vol. 51, page 10, July 15, 2024
For reinstatement of a lapsed license, the lapsed license holder shall pay the current renewal fee plus five hundred dollars.
General Authority:
SDCL  36-9C-32(4).
Law Implemented:
SDCL  36-9C-19(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:04 - Fees › Section 20:86:04:04 - Student license

Current through Register Vol. 51, page 10, July 15, 2024
Each certified professional midwife student who seeks licensure while completing certification requirements shall pay a one-time fee of $500.
General Authority:
SDCL  36-9C-32(4)
Law Implemented:
SDCL  36-9C-19(9)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:04 - Fees › Section 20:86:04:05 - Inactive license status

Current through Register Vol. 51, page 10, July 15, 2024
Any licensed certified professional midwife who is licensed in this state and who wishes to change the status of their license to inactive shall pay a fee of $100.
General Authority:
SDCL  36-9C-32(4)
Law Implemented:
SDCL  36-9C-19(7)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:04 - Fees › Section 20:86:04:06 - Other fees

Current through Register Vol. 51, page 10, July 15, 2024
Any person licensed in this state and who has the following requests shall pay the stated fee:
(1) For providing a transcript, $25;
(2) For a name change on a record of the license holder, $100;
(3) For issuance of a duplicate license, $100; and
(4) For endorsement to another state, territory, or foreign country, $150.
General Authority:
SDCL  36-9C-32(4)
Law Implemented:
SDCL  36-9C-19(4),  36-9C-19(5),  36-9C-19(6),  36-9C-19(8).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:04 - Fees › Section 20:86:04:07 - Birth delivery fee

Current through Register Vol. 51, page 10, July 15, 2024
The certified professional midwife shall pay a birth delivery fee of $100 accompanied by the birth reporting form, within 30 days of delivery.
General Authority:
SDCL  36-9C-32(4)
Law Implemented:
SDCL  36-9C-19(10)
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-22,  36-9C-23,  36-9C-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:02 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-22
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:03 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-22,  36-9C-27
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:04 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3).
Law Implemented:
SDCL  36-9C-5,  36-9C-26.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:06 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-22,  36-9C-23,  36-9C-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:09 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:10 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Implemented Law:
SDCL  36-9C-5,  36-9C-23,  36-9C-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:11 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23,  36-9C-24,  36-9C-29.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:12 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:13 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23,  36-9C-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:14 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3).
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:15 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:16 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:17 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:18

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Implemented Law:
SDCL  36-9C-5,  36-9C-23
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:86 - CERTIFIED PROFESSIONAL MIDWIVES › Chapter 20:86:05 - Disciplinary procedures › Section 20:86:05:19

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  36-9C-32(3)
Law Implemented:
SDCL  36-9C-25
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:01 - General provisions › Section 22:01:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "CLERP," the county legal expense relief
  program established by SDCL 7-16B;
(2) "Board," the County Legal Expense Relief
  Program Board;
(3) "Fund," the
  county legal expense relief program fund;
(4) "Expenses," attorneys' fees and
  costs.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:01 - General provisions › Section 22:01:01:02 - Board meetings - Majority vote required

Current through Register Vol. 51, page 10, July 15, 2024
Board meetings are subject to call by the board chair. Interested
	 individuals or member counties may contact the South Dakota Association of
	 County Commissioners or a CLERP board member to request a meeting with the
	 board. Official acts must be passed by a majority vote of the members of the
	 board.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-22.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:01 - General provisions › Section 22:01:01:03 - Conflict of interest

Current through Register Vol. 51, page 10, July 15, 2024
If a claim for reimbursement is submitted from a board member's county,
	 that board member may participate in the discussion concerning the claim but
	 may not participate in the board's final vote for approval or
	 disapproval.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15,
		7-16B-22.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:01 - General provisions › Section 22:01:01:04 - Population - Federal census

Current through Register Vol. 51, page 10, July 15, 2024
The percent of total state population of each participating county used
	 in the formula to calculate the county share of fund reimbursement is
	 determined by the figures in Appendix A at the end of this
	 chapter.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-20.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:01 - General provisions › Section 22:01:01:05 - Assessed values factored to 100 percent

Current through Register Vol. 51, page 10, July 15, 2024
The percent of full and true assessed value of participating counties
	 is current year assessed values as contained in the annual statistical report
	 published by the Department of Revenue pursuant to SDCL
	 10-1-35.
Assessed values used in the fund reimbursement formula shall be
	 factored to 100 percent full and true through use of current year
	 sales-to-assessment ratios for both agricultural and nonagricultural
	 property.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-20.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:01 - General provisions › Appendix A - South Dakota County Population Figures

Current through Register Vol. 51, page 10, July 15, 2024
APPENDIX A
SOUTH DAKOTA COUNTY
POPULATION 1990
Aurora
3,135
Hyde
1,696
Beadle
18,253
Jackson
2,811
Bennett
3,206
Jerauld
2,425
Bon Homme
7,089
Jones
1,324
Brookings
25,207
Kingsbury
5,925
Brown
35,580
Lake
10,550
Brule
5,485
Lawrence
20,655
Buffalo
1,759
Lincoln
15,427
Butte
7,914
Lyman
3,638
Campbell
1,965
McCook
5,688
Charles Mix
9,131
McPherson
3,228
Clark
4,403
Marshall
4,844
Clay
13,186
Meade
21,878
Codington
22,698
Mellette
2,137
Corson
4,195
Miner
3,272
Custer
6,179
Minnehaha
123,809
Davison
17,503
Moody
6,507
Day
6,978
Pennington
81,343
Deuel
4,522
Perkins
3,932
Dewey
5,523
Potter
3,190
Douglas
3,746
Roberts
9,914
Edmunds
4,356
Sanborn
2,833
Fall River
7,353
Shannon
9,902
Faulk
2,744
Spink
7,981
Grant
8,372
Stanley
2,453
Gregory
5,359
Sully
1,589
Haakon
2,624
Todd
8,352
Hamlin
4,974
Tripp
6,924
Hand
4,272
Turner
8,576
Hanson
2,944
Union
10,189
Harding
1,669
Walworth
6,087
Hughes
14,817
Yankton
19,252
Hutchinson
8,262
Ziebach
2,220
1990 Federal Census
U.S. Department of Commerce
Bureau of Census
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:01 - Submission of claims

Current through Register Vol. 51, page 10, July 15, 2024
A member county requesting reimbursement from the CLERP fund shall
	 submit an application for reimbursement to the board on forms provided by the
	 board.
In addition to the application, a county shall provide the following
	 information to the board:
(1) A copy of
  the invoice or billing statement showing charges to the county;
(2) Evidence, such as a copy of the approved
  county voucher or a copy of the county's canceled check showing that payment
  has been made, including the amount paid; and
(3) A state voucher signed by the chair or
  vice-chair of the county board of commissioners.
If the claim being submitted is the first reimbursement request for a
	 court trial, the county shall also submit evidence which shows that the county
	 has met its $25,000 share of expenses for that trial.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15,
		7-16B-22.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:02 - Claim approval process

Current through Register Vol. 51, page 10, July 15, 2024
The board shall return an application for reimbursement containing
	 insufficient information or evidence to the county for completion and
	 resubmission. After receipt of the county's application and supporting
	 documents the board shall review the claim and approve, deny, or adjust the
	 payment. The board shall notify the county in writing if a claim is adjusted or
	 denied. The notice shall contain the reasons for adjustment or denial and shall
	 be mailed within 10 working days after the decision is made.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:03 - Reasons for denial of claims

Current through Register Vol. 51, page 10, July 15, 2024
The board shall deny a county's claim for reimbursement for any of the
	 following reasons:
(1) The county has
  not paid its CLERP quarterly assessment;
(2) The county has not paid the first $25,000
  of expenses related to the trial;
(3) The county has not provided the evidence
  required under §
									22:01:02:01;
(4) The incident or incidents resulting in
  the trial occurred before July 1, 1994;
(5) The incident or incidents resulting in a
  trial occurred before the date of county participation; or
(6) The claim for reimbursement represents
  county expenses as a result of an appeal which occurred after the county
  withdrew from the CLERP.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:04 - Eligible pretrial expenses

Current through Register Vol. 51, page 10, July 15, 2024
Ninety percent of the amount in excess of $25,000 for pretrial expenses
	 to a member county is eligible for application for reimbursement if an actual
	 trial does not occur because of a guilty plea, the charges are dismissed, or
	 the case is otherwise settled.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15,
		7-16B-16,
		7-16B-17.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:05 - Eligible trial expenses after county withdrawal

Current through Register Vol. 51, page 10, July 15, 2024
Original trial expenses are eligible for reimbursement after a county
	 withdraws from the county legal expense relief program if the incident
	 resulting in a trial occurred during the time the county was a participating
	 member. Expenses resulting from any subsequent appeals are not eligible for
	 reimbursement.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15,
		7-16B-22.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:06 - Ineligible expenses

Current through Register Vol. 51, page 10, July 15, 2024
Customary office, salary, and per diem expenses of law enforcement
	 officers, court officials, or other persons paid by county funds through the
	 annual budgeting process for payroll and office expense are not eligible for
	 reimbursement.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:07 - Trial expenses for incidents which occur before effective date of participation

Current through Register Vol. 51, page 10, July 15, 2024
Trial expenses relating to incidents which occur before the effective
	 date that a county joins the CLERP are not eligible for reimbursement
	 regardless of when charges pertaining to the case are filed or the case is
	 tried.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15,
		7-16B-16.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:02 - Claims › Section 22:01:02:08 - Fund repayment when county recovers costs

Current through Register Vol. 51, page 10, July 15, 2024
If a participating county receives a CLERP reimbursement to cover legal
	 expenses and that county subsequently recovers all or part of those costs from
	 either the defendant or some other source, the county shall repay a percentage
	 of the amount received from the CLERP fund. The percentage of the reimbursement
	 to be repaid equals the percentage of the total claims the county recovers from
	 all sources.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:01 - County request to join - Beginning date

Current through Register Vol. 51, page 10, July 15, 2024
A county wishing to join the CLERP must notify the board, in writing,
	 by July 31. If approved as a participating county, the county may not begin
	 participating before January 1 of the following year.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:02 - Notice of approval to participate

Current through Register Vol. 51, page 10, July 15, 2024
The board shall review the requests submitted under §
									22:01:03:01 and shall notify the
	 requesting county, in writing, of its approval status by September 1.
If the county's request for participation is denied, the notice shall
	 contain the reason for the denial.
Counties which have been denied participation have until October 1 to
	 correct any deficiencies contained in the notice of denial.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:03 - Reasons for denial of request to participate

Current through Register Vol. 51, page 10, July 15, 2024
The board may deny a county's request to participate in the CLERP for
	 any of the following reasons:
(1) The
  county has failed to pay any portion of a previous CLERP quarterly
  assessment;
(2) The county has
  withdrawn from the program but failed to pay its final assessment;
(3) The county's request to participate did
  not meet the deadline requirements of §
									22:01:03:01;or
(4) An incident has occurred which places the
  county in imminent danger of being involved in a court trial.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:04 - Automatic renewal of participation

Current through Register Vol. 51, page 10, July 15, 2024
Once approved as a participating county, the county is a participating
	 county for successive calendar years until the January 1 after the county
	 submits a withdrawal request according to §
									22:01:03:05 or until the county
	 fails to pay a CLERP assessment.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:05 - Request for withdrawal - Effective date

Current through Register Vol. 51, page 10, July 15, 2024
A participating county wishing to withdraw from the CLERP shall submit
	 a withdrawal request to the board by July 31. Counties submitting withdrawal
	 requests are removed from participation effective January 1 of the following
	 year.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:06 - Counties withdrawing - Responsibility for claims

Current through Register Vol. 51, page 10, July 15, 2024
A county requesting withdrawal from the program is responsible for its
	 proportionate share of all claims, including claims on appeals, resulting from
	 incidents which occurred during the period the county was a participating CLERP
	 member.
Any county having withdrawn from the CLERP shall be repaid a
	 proportionate share of any fund reimbursements pursuant to §
									22:01:02:08 provided the county
	 paid an assessment relating to that trial during the time the county was a
	 participating member.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:07 - Reapplication

Current through Register Vol. 51, page 10, July 15, 2024
A county which has withdrawn from participation in the CLERP and wishes
	 to again participate must comply with §
									22:01:03:01. To receive board
	 approval, the county may not have arrearages due the CLERP fund from previous
	 years of participation.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:01 - County legal expense relief program › Chapter 22:01:03 - Participation by counties › Section 22:01:03:08 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
Decisions rendered by the CLERP board which are adverse to a county is
	 a contested case and may be appealed pursuant to the provisions of chapter
	 1-26.
Notice of adverse decisions shall be sent by certified mail, with
	 return receipt requested, within 10 working days after the CLERP board meeting
	 in which the adverse decision was rendered. A county desiring a fair hearing
	 shall notify the CLERP board within 30 days after receipt of the
	 decision.
General Authority:
SDCL
		7-16B-15.
Law Implemented:
SDCL
		7-16B-15.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "CCPR," the catastrophic county poor
  relief program established by SDCL 28-13A;
(2) "Board," the Board of Catastrophic County
  Poor Relief;
(3) "Association," the
  South Dakota Association of County Commissioners;
(4) "Annual assessment," the assessment made
  by the board in January of each year against a participating county;
(5) "Supplemental assessment," an assessment
  made by the board against each participating county when it anticipates that
  the CCPR funds remaining in a given calendar year will be insufficient to meet
  predicted obligations for the remainder of the current calendar year;
  and
(6) "Final assessment," for a
  withdrawing county, the assessment made by the board against the county which
  is used to reimburse that county's share of the CCPR fund from the previous
  calendar year; for a county participating at the time the program ends, the
  assessment made by the board against each of the remaining participating
  counties which will bring the fund balance back to the $500,000
  level.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-5.
CCPR appropriation, SL 1984, ch 204, §
		6.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:02 - County request to participate - Beginning date of participation

Current through Register Vol. 51, page 10, July 15, 2024
A county wishing to participate in the CCPR program must notify the
	 board, in writing, by July 31. If approved as a participating county, the
	 county may not begin participation before January 1 of the following
	 year.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
Reasons for denial of request to participate, §
											22:02:01:04.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:03 - Notice of approval to participate

Current through Register Vol. 51, page 10, July 15, 2024
The board and association shall review the requests submitted under
	 §
									22:02:01:02 and shall notify the
	 requesting county, in writing, of its approval status by September 1.
If the county's request for participation is denied, the notice shall
	 contain the reason for the denial.
Counties which have been denied participation have until October 1 to
	 correct the deficiencies contained in the notice of denial.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
Review procedure, §
											22:02:01:08
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:04 - Reasons for denial of request to participate

Current through Register Vol. 51, page 10, July 15, 2024
The board may deny a county's request to participate in the CCPR
	 program for any of the following reasons:
(1) The county has failed to pay any portion
  of a previous CCPR annual assessment;
(2) The county has failed to pay any portion
  of a previous CCPR supplemental assessment;
(3) The county has withdrawn from the program
  but failed to pay its final assessment;
(4) The county's request to participate did
  not meet the deadline requirements of §
									22:02:01:02; or
(5) The county did not correct the
  deficiencies cited in its notice of denial.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
Notice of approval to participate, §
											22:02:01:03; Assessments, ch
		22:02:03.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:05 - Automatic renewal of participation

Current through Register Vol. 51, page 10, July 15, 2024
Once approved as a participating county, the county is a participating
	 county for successive calendar years until the January 1 after the county
	 submits a withdrawal request according to §
									22:02:01:06 or until the county
	 fails to pay a CCPR assessment.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
Failure to pay assessment, §
											22:02:03:05.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:06 - Request for withdrawal - Effective date of withdrawal

Current through Register Vol. 51, page 10, July 15, 2024
A participating county wishing to withdraw from the CCPR program shall
	 submit a withdrawal request to the board by July 31. Counties submitting
	 withdrawal requests shall be removed from participation effective January 1 of
	 the following year.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-6,
		28-13A-7.
Final assessments, §
											22:02:03:04.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:07 - Reapplications

Current through Register Vol. 51, page 10, July 15, 2024
A county which has withdrawn from participation in the CCPR program and
	 wishes to again participate shall comply with §
									22:02:01:02. To receive board
	 approval, the county may not have any arrearages due the CCPR fund from
	 previous years of participation.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
Reasons for denial of request to participate, §
											22:02:01:04.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:01 - County participation and withdrawal › Section 22:02:01:08 - Review procedure

Current through Register Vol. 51, page 10, July 15, 2024
When the board renders an adverse decision under this article, it shall
	 notify the county concerned within 10 working days after the decision is
	 rendered. Notification shall be by certified mail. A county wishing to contest
	 an adverse decision may request the board to review the decision. A review is
	 held under the provisions of SDCL 1-26. A request for a review must be sent to
	 the association within 30 days after receiving the notice of the decision. The
	 association shall schedule the review before the board and shall notify the
	 county. At the time of the review, the county shall present its arguments in
	 support of the claim. Based on the review, the board shall enter its final
	 decision. The board shall send written notice of its final decision to the
	 county within 30 days after the review.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:01 - Board meetings

Current through Register Vol. 51, page 10, July 15, 2024
Board meetings are subject to call. Interested individuals must contact
	 the association or a CCPR board member to request a meeting with the
	 board.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:02 - Board member conflict of interest

Current through Register Vol. 51, page 10, July 15, 2024
If a claim for reimbursement is submitted from a board member's county,
	 that board member may participate in the discussions concerning the claim but
	 may not participate in the board's final vote of approval or
	 disapproval.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:03 - Notice of imminent claim - Deadline for notifying board of amount of delayed claim

Current through Register Vol. 51, page 10, July 15, 2024
A county shall notify the association in writing as soon as possible if
	 a claim appears to be imminent. If the county's application for CCPR fund
	 reimbursement for the claim is going to be delayed, the county shall provide
	 written notification to the association of the amount of the claim no later
	 than the end of the calendar year following the year the county is billed for
	 the medical expenses.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:04 - Determination of 12-month period

Current through Register Vol. 51, page 10, July 15, 2024
A 12-month period begins the first day an eligible individual incurs
	 hospital or other medical expenses used in establishing or computing a CCPR
	 payment. A 12-month period ends at 12:01 a.m. on the anniversary of the first
	 date the expenses were incurred.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:05 - Application for reimbursement - Evidence of payment

Current through Register Vol. 51, page 10, July 15, 2024
A county requesting reimbursement from the CCPR fund must submit an
	 application for reimbursement to the association on a form available from the
	 association.
In addition to the application, a county must provide the following
	 information to the association:
(1) A
  copy of the provider's invoice showing dates of service;
(2) Evidence, such as a copy of the approved
  county voucher, that payment was made by the county, including the amount
  paid;
(3) If the request for
  reimbursement is for a hospital claim incurred after June 30, 1997,
  documentation which establishes both the individual's and the county's share of
  the hospital bill;
(4) If county
  payment to a hospital was based on the Medicaid rate, a copy of the
  documentation from Medicaid which calculates the Department of Social Services
  payment rate; and
(5) A voucher
  signed by the county board of commissioners chair or vice-chair.
If the claim being submitted is the first reimbursement request
	 covering a particular individual, the county must also submit evidence which
	 shows that the county has met its $20,000 share of the expenses for that
	 individual for the 12-month period in which the services were rendered.
If the claim is for an organ transplant, the county must submit
	 evidence of compliance with SDCL
	 28-13A-13.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-6.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:06 - Claim approval process

Current through Register Vol. 51, page 10, July 15, 2024
The association shall return an application for reimbursement
	 containing insufficient information or evidence to the county for completion
	 and resubmission.
After receipt of the county's application, supporting documentation,
	 and the association's recommendations, the board shall review the claim and
	 approve, deny, or adjust the payment.
The board shall notify the county in writing if the claim is denied.
	 The notice shall contain the reasons for the denial and shall be sent by
	 certified mail within 10 working days after the decision is
	 rendered.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-6,
		28-13A-7.
Review procedure, §
											22:02:01:08.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:07 - Reasons for claim denial

Current through Register Vol. 51, page 10, July 15, 2024
The board shall deny a county's claim for reimbursement for any of the
	 following reasons:
(1) The county has
  not paid its CCPR annual assessment;
(2) The county has not paid its supplemental
  CCPR fund assessment;
(3) The
  county has not paid the first $20,000 for the individual for the 12-month
  period;
(4) The county has not
  provided the evidence required under §
									22:02:02:05;
(5) The service was provided before January
  1, 1985;
(6) The service was
  provided before the date of county participation;
(7) The county has not been approved as a
  participating county;
(8) The
  request for reimbursement has been delayed and the county failed to notify the
  department according to §
									22:02:02:03;
(9) The claim is for an organ transplant for
  which the county has failed to meet the requirements of SDCL
  28-13A-13;
(10) The county failed to follow its
  guidelines when determining eligibility;
(11) The county failed to pursue other
  third-party payment sources;
(12)
  The individual was not eligible for county poor relief; or
(13) The claim exceeds the payment limits
  established in §
									22:02:02:08.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:08 - Payment limits

Current through Register Vol. 51, page 10, July 15, 2024
If a county has negotiated final payment with a provider, the CCPR fund
	 shall reimburse 90 percent of the negotiated amount, less the county's $20,000
	 share, if applicable.
The rate of reimbursement from the CCPR fund for a hospital expense may
	 not exceed the limits established in SDCL
	 28-13-29.
If a county carries an individual over into a new 12-month period, the
	 individual's medical expenses for the new 12-month period must exceed $20,000
	 before the individual's medical expenses are again eligible for reimbursement
	 from the CCPR fund.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-7.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:09 - Repayment to CCPR fund if county collects on claims

Current through Register Vol. 51, page 10, July 15, 2024
If a county receives a CCPR reimbursement to cover an individual's
	 medical claims and the county subsequently collects all or part of the claims
	 from either the individual or a third-party source, the county shall repay a
	 percentage of the collection to the CCPR fund. The percentage of the collection
	 to be repaid equals the percentage of the claims that the CCPR reimbursement
	 represents.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:02 - Reimbursements › Section 22:02:02:10 - County to pursue third-party payment sources

Current through Register Vol. 51, page 10, July 15, 2024
Because the county is the payor of last resort, a county must pursue
	 the availability of a third-party payment source before accepting
	 responsibility for a catastrophic claim. A third-party payment source is the
	 obligation of an entity other than the county for either partial or full
	 payment of the medical cost of injury, disease, or disability. Third-party
	 payment sources include coverage such as Medicare, Medicaid, private health
	 insurance, workers' compensation, supplemental security income, disability
	 insurance, and automobile insurance.
The county must be able to document pursuit of the availability of a
	 third-party payment source. The documentation must be maintained in the
	 individual's record. When the claim is subsequently submitted to the CCPR
	 program for payment, evidence of the third-party payment or rejection must
	 accompany the claim.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:03 - Assessments › Section 22:02:03:01 - Annual report to board

Current through Register Vol. 51, page 10, July 15, 2024
The association's annual report to the board shall contain the
	 following information:
(1) Beginning
  balance of the CCPR fund;
(2)
  County annual assessment receipts;
(3) County supplementary assessment
  receipts;
(4)
  Disbursements;
(5) Year-end
  balance;
(6) Anticipated influences
  which could affect the new year's disbursements;
(7) A list of each participating county's
  annual assessment;
(8) A list of
  final assessments for withdrawing counties; and
(9) An estimate of the probable need for
  supplemental assessments in the new year.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-8.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:03 - Assessments › Section 22:02:03:02 - Annual assessments

Current through Register Vol. 51, page 10, July 15, 2024
Annual assessments shall take into consideration the unencumbered
	 balance remaining in the CCPR fund from the previous calendar year. A county is
	 not subject to an annual assessment until after its first year of
	 participation.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-9.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:03 - Assessments › Section 22:02:03:03 - Supplemental assessments

Current through Register Vol. 51, page 10, July 15, 2024
The amount of the supplemental assessment shall insure the availability
	 of funds. If the board and the association agree that a supplemental assessment
	 is necessary, the board shall send written notice to each participating county.
	 The notice shall contain the amount of the county's supplemental assessment.
	 The county must pay its supplemental assessment to the association within 30
	 days after the county's next scheduled commission meeting following its receipt
	 of the notice.
A withdrawing county remains liable for the payment of any supplemental
	 assessments which the board may levy through the remainder of the calendar
	 year.
A county which has just joined the CCPR fund and has yet to be assessed
	 an annual assessment is liable for the payment of any supplemental assessments
	 levied during the first year of its participation.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-10.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:03 - Assessments › Section 22:02:03:04 - Final assessments

Current through Register Vol. 51, page 10, July 15, 2024
The board shall levy a final assessment against a withdrawing county
	 which is payable to the association before March 16 of the county's first
	 calendar year of nonparticipation.
If the fund is discontinued because of circumstances contained in SDCL
	 28-13A-5, the board shall levy a
	 final assessment against the counties which were participating during the final
	 year of the program. This final assessment is payable to the association within
	 one year after the final assessment is levied against the remaining
	 participating counties.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4,
		28-13A-5.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:02 - Catastrophic county poor relief › Chapter 22:02:03 - Assessments › Section 22:02:03:05 - Failure to pay assessment

Current through Register Vol. 51, page 10, July 15, 2024
If a county fails to pay an assessment, the association shall send a
	 written notice to the county. The notice shall inform the county that failure
	 to pay the assessment within the time specified in the notice will result in
	 ineligibility and that interest on the delinquent assessment will be applied
	 according to SDCL
	 4-3-14.
A county is not eligible for readmission to the fund until its
	 arrearages are paid. Claims from the county are not reimbursable until the
	 county's arrearages are paid.
General Authority:
SDCL
		28-13A-4.
Law Implemented:
SDCL
		28-13A-4.