reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:20 › Section 46:05:20:07.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4)(6).
Law Implemented:
SDCL
		34-20A-27.
Guidelines for Preventing the Transmission of Mycobacterium
		tuberculosis in Health-Care Settings, 2005
, December, 2005. "Centers for
		Disease Control and Prevention Morbidity and Mortality Weekly Report,
		Recommendations and Reports," December 30, 2005/Vol. 54/No.RR-17. Copies are
		available free of charge from the following website:
www.cdc.gov/mmwr
.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:20 › Section 46:05:20:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(3)(4).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:20 › Section 46:05:20:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:20 › Section 46:05:20:10

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(3)(4).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(2)(3)(4)(5)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(3)(4).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:03.01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4)(6).
Law Implemented:
SDCL
		34-20A-27.
Guidelines for Preventing the Transmission of Mycobacterium
		tuberculosis in Health-Care Settings, 2005
, December, 2005. "Centers for
		Disease Control and Prevention Morbidity and Mortality Weekly Report,
		Recommendations and Reports," December 30, 2005/Vol. 54/No.RR-17. Copies are
		available free of charge from the following website:
www.cdc.gov/mmwr
.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:06

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:07

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(3)(4).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(4)(6).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:05 - Alcohol and drug abuse › Chapter 46:05:21 › Section 46:05:21:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		34-20A-27(1)(3)(4).
Law Implemented:
SDCL
		34-20A-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:01 - General provisions › Section 46:11:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Abuse," an intentional act toward an
  individual involving:
(a) A criminal
  conviction under SDCL chapter 22-46 or other crime involving mistreatment of a
  participant; or
(b) Substantial
  evidence that a participant experienced harm, pain, fear, or mental anguish due
  to physical harm, physical injury, behavior causing imminent fear of physical
  harm or injury, or words or actions that intimidated, menaced, bullied or
  coerced a participant;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:01 - General provisions › Section 46:11:01:02 - Certification needed for receipt of government funds

Current through Register Vol. 51, page 10, July 15, 2024
An organization must be certified by the division in order to receive
	 funds for services identified in ARSD article 46:11.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27A-5-9,
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:02 - Certified agencies

Current through Register Vol. 51, page 10, July 15, 2024
The provider requirements in this chapter apply to CSPs and SPs. A CSP
	 or SP providing services under the provisions of this chapter must meet the
	 following criteria:
(1) Be certified
  as a CSP or SP under the provisions of this chapter;
(2) Have a signed provider agreement with the
  division;
(3) Have a signed
  provider agreement with the Department of Social Services; and
(4) Be accredited by a national quality
  assurance organization, as designated by the Division.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:05.01 - Enrollment requirements for providers

Current through Register Vol. 51, page 10, July 15, 2024
Any organization seeking certification as a provider by the department
	 must provide the following to the division:
(1) A written statement requesting
  certification by the department;
(2) A copy of a certificate from the South
  Dakota secretary of state that demonstrates that the for-profit or
  not-for-profit entity is organized or recognized under the laws of the state of
  South Dakota;
(3) A copy of the
  organization's bylaws or other legal documents approved by its board of
  directors;
(4) A copy of the
  organization's policies that meet the requirements of this article;
(5) A certificate of good standing or
  equivalent document from the South Dakota secretary of state dated within one
  month of the statement required in subdivision 46:11:02:05:01(1);
(6) A copy of the organization's insurance
  policy as required in §
									46:11:04:07; and
(7) A copy of the organization's medication
  administration curriculum, unless the organization will only provide case
  management services.
The organization may receive provisional certification pursuant to
	 §
										46:11:02:06 upon the department's
	 approval.
General Authority:
SDCL
		27B-2-26(2)
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:06 - Provisional certification

Current through Register Vol. 51, page 10, July 15, 2024
To obtain provisional certification an organization shall meet the
	 requirements in §
									46:11:02:05.01. The provisional
	 certification is effective for no more than two years. The organization
	 shall:
(1) Have a signed provider
  agreement with the department and a signed provider agreement with the
  Department of Social Services;
(2)
  Provide at least one service listed in §
									67:54:04:14 to participants;
  and
(3) Be reviewed pursuant to
  §
									46:11:02:09 and be accredited by a
  national quality assurance organization, designated by the division, prior to
  the expiration of the provisional certification.
If the requirements for a two-year certification are not achieved, the
	 division may extend the organization's provisional status by three months and
	 conduct a second review. If the division determines the organization will not
	 meet provisional certification requirements, the division shall obtain services
	 for participants within three months of that determination.
If the organization completes the provisional certification
	 requirements in this section, the organization shall be certified as a provider
	 pursuant to §
										46:11:02:07.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
Covered services, §
											67:54:04:14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:07 - Certification requirements

Current through Register Vol. 51, page 10, July 15, 2024
When a provider meets the requirements of this article, the division
	 shall issue a certificate.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:08 - Certification periods

Current through Register Vol. 51, page 10, July 15, 2024
Certification is in effect for two years from the date it is granted
	 unless it is extended or revoked by the department due to deficiencies relating
	 to this article. The certification may be extended until the biennial review is
	 completed but not more than 90 calendar days.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:09 - Biennial review for compliance with rules

Current through Register Vol. 51, page 10, July 15, 2024
The division shall conduct a biennial review of services and operations
	 of providers, and their subcontractors, if any, that includes the
	 following:
(1) A review of compliance
  with the requirements of this article for providers, and the following:
(a) Fiscal review by the department's
  Division of Budget and Finance; and
(b) A review of services provided to a
  representative sample of participants.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:10 - Statement of any deficiency and plan of enhancement

Current through Register Vol. 51, page 10, July 15, 2024
The division shall provide a statement of deficiencies to the provider
	 when the division determines the provider is not in compliance with a given
	 requirement.
Within 15 calendar days after the receipt of the statement of
	 deficiencies, the provider shall submit a plan of enhancement for each
	 deficiency including those identified in the fiscal review which specifies the
	 measures to be taken and the date of completion for each deficiency. If the
	 plan of enhancement is not received by the division within 15 calendar days,
	 the division shall notify the provider in writing that the provider's
	 certification will be revoked in 15 calendar days unless the plan is received
	 by the division.
Within 15 calendar days after the receipt of the plan of enhancement,
	 the division shall notify the provider in writing of its decision regarding the
	 approval of the plan of enhancement and the certification of the
	 provider.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:12 - Probation

Current through Register Vol. 51, page 10, July 15, 2024
The division may impose probation, not to exceed one year, if the
	 provider fails to demonstrate substantial compliance with the requirements in
	 this article or engages in any action listed in subdivisions 46:11:02:14(1),
	 (2), (3), (4), and (5).
A provider may not accept new participants while on probation, unless
	 approved by the division.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26,
		27B-1-15.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:13 - Probation procedures

Current through Register Vol. 51, page 10, July 15, 2024
When the division places a provider on probation:
(1) The division shall send the provider
  written notice of probationary status and a statement of deficiencies within
  five calendar days of the determination;
(2) The provider shall develop and submit a
  plan of correction for each deficiency, which specifies the measures to be
  taken and the date of completion, within 15 calendar days of receipt of notice;
(3) The division may revoke the
  providers certification if the plan of correction is not received by the 15
  calendar day deadline. Prior to revocation of certification the division shall
  provide the provider written notification, within five calendar days after the
  due date of the plan of correction. The notification shall state the providers
  certification will be revoked in ten calendar days if the plan of correction is
  not received;
(4) The division
  shall notify the provider within 15 calendar days of its decision regarding
  approval of the plan of correction;
(5) The division may conduct site visits at
  least every three months while a provider is on probation;
(6) The provider shall submit monthly reports
  to the division which document the progress made towards completion of the plan
  of correction; and
(7) The division
  shall schedule a review prior to the end of 12 months from the date the
  provider was placed on probation to determine the provider's
  compliance.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:14 - Revocation of certification

Current through Register Vol. 51, page 10, July 15, 2024
The department may revoke a provider's certification if the provider
	 fails to meet the requirements of this article, or if the division finds that
	 the provider has engaged in any of the following:
(1) Permitting, aiding, or abetting the
  commission of any unlawful act or omission;
(2) Any act or practice that negatively
  affect the health, safety, welfare, rights, or habilitation of
  participants;
(3) Failure to comply
  with all licensing and other standards required by federal or state laws,
  rules, or regulations which affect the health, safety, welfare, rights, or
  habilitation of the participants;
(4) Falsifying information provided to the
  division for certification or funding purposes;
(5) Failing to comply with billing procedures
  as outlined by the department contract;
(6) Participating in, condoning, permitting,
  aiding, or abetting fraud, deceit, coercion, misrepresentation, or any
  unethical acts; or
(7) Failure to
  fulfill any condition of probation.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:15 - Procedure for revocation of certification

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the provider in writing within five
	 calendar days of its determination to revoke certification. This notice shall
	 contain:
(1) The reason for the
  determination pursuant to §
									46:11:02:14;
(2) The opportunity for the provider to
  request an informal reconsideration by the department; and
(3) The opportunity for the provider to
  request an evidentiary hearing and due process pursuant to SDCL chapter 1-26.
The provider shall submit a written response to the department within
	 ten calendar days of receipt of notice.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:16 - Revocation of certification - Services to participants

Current through Register Vol. 51, page 10, July 15, 2024
The division shall develop and implement a plan for maintaining
	 services to participants upon the revocation of a provider's
	 certification.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:18.01 - Division visits

Current through Register Vol. 51, page 10, July 15, 2024
The division may review a provider at any given time without prior
	 notice for the purposes of verifying the provider's compliance with this
	 article and chapter 67:54:04. The provider must grant the division access to
	 all facilities, activities, and records necessary to determine
	 compliance.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:19 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
If the provider is placed on probation or its certification or
	 application for certification is denied, suspended, or revoked, the provider
	 may appeal to the cabinet secretary of the department. The provider shall
	 notify the department by certified mail within ten calendar days of receipt of
	 notification of the action requesting a fair hearing pursuant to SDCL chapter
	 1-26.
General Authority:
SDCL
		27B-2-25,
		27B-2-26.
Law Implemented:
SDCL
		27B-2-25,
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:02 - Certification requirements › Section 46:11:02:20 - Time and place of hearing - Time extension

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing by an impartial hearing officer shall be held within 90
	 days after the department receives a request by the provider. The hearing
	 officer shall set a time and place for the hearing to be held at the earliest
	 reasonable time. The hearing officer may continue the hearing at the request of
	 any parties involved and upon agreement by the parties to a specific extension
	 of time.
General Authority:
SDCL
		27B-2-25,
		27B-2-26.
Law Implemented:
SDCL
		27B-2-25,
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:00 - Participant's rights

Current through Register Vol. 51, page 10, July 15, 2024
Providers must afford each participant served the following
	 rights:
(1) To be free from abuse,
  neglect, and exploitation;
(2) To
  have privacy, dignity, confidentiality, and humane care;
(3) To be able to communicate in
  private;
(4) To be able to
  communicate in the participant's primary language or primary mode of
  communication;
(5) To be free from
  retaliation for making a complaint, voicing a grievance, recommending changes
  in policies, or exercising a legal right;
(6) To be able to maintain contact with
  family and friends, unless contact has been legally restricted;
(7) To be able to refuse or discontinue
  services;
(8) To have access to,
  read, and challenge any information contained in the participant's
  record;
(9) To have access to an
  advocate as defined in §
									46:11:01:01, or an employee of the
  state's designated protection and advocacy system;
(10) To be provided choice among waiver
  services and providers;
(11) To be
  informed of the provider's grievance procedures pursuant to §
									46:11:03:06; and
(12) To have a written residential lease
  agreement that meets the requirements of applicable state law.
Written notice of the participant's rights must be provided to the
	 participant in an accessible format. If the participant is under eighteen years
	 of age or a protected person, as defined in SDCL
	 29A-5-102, the notice must also
	 be provided to the participant's parent or guardian, respectively. The notice
	 may be provided to the participant's advocate upon the request of the
	 participant and parent or guardian, if applicable.
Providers are required to provide training to participants served on
	 the rights afforded under this section. The notice and training on the
	 participant's rights must be provided upon admittance to the provider and
	 annually thereafter.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26(4)(9).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:01 - Provider policy on abuse, neglect, and exploitation

Current through Register Vol. 51, page 10, July 15, 2024
A provider may not allow or condone abuse, neglect, or exploitation of
	 a participant. A provider shall have a policy on how to address allegations of
	 abuse, neglect, or exploitation. The policy must comply with all applicable law
	 and contain the following:
(1) A
  procedure for an internal investigation that requires:
(a) Initiation of the investigation within
  forty-eight hours or the next business day, whichever is later;
(b) Issuance of preliminary investigation
  findings to the division within seven calendar days of initiation of the
  investigation;
(c) Issuance of the
  final investigation findings to the division within thirty calendar days of
  initiation of the investigation;
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:02 - Critical incident reports - Submission to division

Current through Register Vol. 51, page 10, July 15, 2024
The provider shall give verbal notice of any critical incident
	 involving a participant to the division no later than the end of the division's
	 next business day or the provider's administrative business day, whichever
	 occurs first, from the time the provider becomes aware of the incident. The
	 provider shall submit a written critical incident report utilizing the
	 division's on-line reporting system within seven calendar days after the
	 initial notice is made. A report must be submitted for the following:
(1) Deaths;
(2) Life-threatening illnesses or
  injuries;
(3) Alleged instances of
  abuse, neglect, or exploitation against or by any participant;
(4) Changes in health or behavior that may
  jeopardize continued services;
(5)
  Serious medication errors;
(6)
  Illnesses or injuries that resulted from unsafe or unsanitary
  conditions;
(7) Any illegal
  activity involving a participant;
(8) Any use of physical, mechanical, or
  chemical intervention, not part of an approved plan;
(9) Any bruise or injury resulting from the
  use of a physical, mechanical, or chemical intervention;
(10) Any diagnosed case of a reportable
  communicable disease involving a participant;
(11) Alleged instances of corporal
  punishment, seclusion, denial of food or other practices prohibited in SDCL
  27B-8-42; or
(12) Any other critical incident as required
  by the division.
The report must contain a description of the incident, specifying what
	 happened, when it happened, and where it happened. The report shall also
	 include any action taken by the provider necessary to ensure the participant's
	 safety and the safety of others and any preventative measures taken by the
	 provider to reduce the likelihood of similar incidents occurring in the future.
	 The division may request further information or follow-up related to the
	 critical incident.
The provider shall notify the participant's parent if the participant
	 is under 18 years of age, or the participant's guardian, if any, that a
	 critical incident report has been submitted and the reason why unless the
	 parent or guardian is accused of the incident.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26.
Communicable disease control, chapter 44:20. Other rights not
		limited by receipt of enumerated services-Certain practices prohibited, §
		27B-8-42.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:06 - Procedures for grievances

Current through Register Vol. 51, page 10, July 15, 2024
Each provider shall have a written procedure for grievances approved
	 by the division. The grievance procedure shall include the following:
(1) A requirement that each participant,
  participant's parent if the participant is under 18 years of age, or the
  participant's guardian, if any, be informed in writing or in an accessible
  format of the provider's grievance procedure at the time of application and at
  least annually thereafter;
(2) A
  requirement that information is provided to the participant, the participant's
  parent if the participant is under 18 years of age, or the participant's
  guardian, if any, in an accessible format regarding the ability to appeal to
  the provider any decision or action by the provider that affects the
  participant;
(3) A requirement that
  information is provided to the participant, the participant's parent, if the
  participant is under 18 years of age, or the participant's guardian, if any,
  regarding the opportunity to obtain an advocate as defined in subdivision
  46:11:01:01(1) or an employee of the state's designated protection and advocacy
  system. An advocate may not act on the participant's behalf without consent or
  knowledge by the participant, the participant's parent if the participant is
  under 18 years of age, or the participant's guardian, if any. This does not
  apply to any employee of the state's designated protection and advocacy system
  when acting in the capacity of an investigative authority in accordance with 45
  C.F.R. § 1386 Subpart B (2000). The provider may not process the grievance
  until the advocate is obtained if one is requested;
(4) A requirement that assistance is provided
  to the participant, the participant's parent if the participant is under 18
  years of age, and the participant's guardian, if any, if they do not understand
  the grievance procedures; and
(5) A
  requirement that each participant, the participant's parent if the participant
  is under 18 years of age, and the participant's guardian, if any, is provided
  with information on how to contact the division.
The provider may not retaliate against a participant who utilizes the
	 grievance procedures.
General Authority:
SDCL
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:08 - Rights restriction - Due process

Current through Register Vol. 51, page 10, July 15, 2024
The rights of the participant may only be restricted to protect the
	 participant from endangering self or others or to provide specific services or
	 supports as provided in SDCL
	 27B-8-52. Any restriction of
	 rights shall promote the least restrictive alternative appropriate to meet the
	 needs of the participant and include a restoration plan as provided in §
									46:11:03:10.
Prior to restricting a participant's rights, the provider of direct HCB
	 services shall require the participant, the participant's ISP team, the
	 participant's parent, if the participant is under 18 years of age, or the
	 participant's guardian, to review and approve each restriction. The human
	 rights committee of the provider of direct HCB services shall act as an
	 impartial party to review and approve or deny each restriction prior to
	 implementation and at least annually thereafter. The case manager shall update
	 the participant's ISP to include the approved rights restriction.
The participant, the participant's parent if the participant is under
	 18 years of age, and the participant's guardian or advocate, if any, shall be
	 notified of the right to appeal any rights restriction through the provider's
	 grievance procedure.
General Authority:
SDCL
		27B-2-25,
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26,
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:09 - Emergency rights restriction

Current through Register Vol. 51, page 10, July 15, 2024
If the participant displays behavior that endangers self or others and
	 requires an emergency rights restriction, the provider shall notify the
	 participant's parent if the participant is under 18 years of age, or the
	 participant's guardian, if any, within 24 hours of implementation of the
	 restriction.
A quorum pursuant to subdivision 46:11:05:14(7), of the provider's
	 human rights committee shall review and approve or disapprove any emergency
	 rights restriction within 24 hours or the next business day of implementation.
	 If the provider's human rights committee denies the emergency rights
	 restriction the ISP team shall identify and present alternative restrictions to
	 the provider's human rights committee. The full committee shall review and
	 approve or disapprove the restriction at the next regularly scheduled meeting.
	 If approved, the case manager shall update the participant's ISP to include the
	 approved rights restriction.
General Authority:
SDCL
		27B-2-25,
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26,
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:10 - Restoration plans

Current through Register Vol. 51, page 10, July 15, 2024
The participant's team shall develop a restoration plan when a
	 participant's rights have been restricted. The participant and the
	 participant's team shall develop a plan which shall include how the rights will
	 be restored in part or in whole. The plan shall be reviewed as specified or at
	 least annually by the participant or the participant's parent if the
	 participant is under 18 years of age, or the participant's guardian, if any,
	 and by the human rights committee.
A restoration plan shall describe the rights that will be restored and
	 shall be individualized, outcome-based, attainable, measurable, and
	 time-limited.
General Authority:
SDCL
		27B-2-25,
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26,
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:03 - Rights of participants › Section 46:11:03:11 - Release of information

Current through Register Vol. 51, page 10, July 15, 2024
The provider shall obtain consent prior to releasing a participant's
	 confidential information. The consent shall:
(1) Be time limited;
(2) Specify the information to be
  released;
(3) Specify to whom the
  information will be released; and
(4) Be signed by the participant, if
  applicable, or by the participant's parent if the participant is under 18 years
  of age, and the participant's guardian, if any.
General Authority:
SDCL
		27B-2-25,
		27B-2-26(4).
Law Implemented:
SDCL
		27B-2-26,
		27B-8-52.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:01 - Nonprofit corporations

Current through Register Vol. 51, page 10, July 15, 2024
A CSP must be a nonprofit corporation incorporated according to SDCL
	 chapters 47-22 to 47-28, inclusive. The CSP must meet the definition for tax
	 exemption status according to § 501(c)(3) of the United States Internal
	 Revenue code of 1986, as amended, and in effect on November 15, 2010. If a SP
	 is a nonprofit corporation, it must meet the same Internal Revenue Code
	 requirements.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
Note:
Internal Revenue Service Federal Tax Information
		and Notice Inquiries, 1-800-829 -1040.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:02 - Accounting systems, cost reporting and annual audits

Current through Register Vol. 51, page 10, July 15, 2024
The provider shall maintain an accounting system pursuant to Generally
	 Accepted Accounting Principles (GAAP). If required by the department, the
	 provider must submit to the department a copy of an annual entity-wide,
	 independent financial audit that shall be conducted by a certified public
	 accountant who is not an employee of the provider or a member of its board of
	 directors. The audit shall be completed and filed with the department within
	 the fourth month following the end of the providers reporting period.
An audit conducted in accordance with this section shall contain, as
	 part of the supplementary information, a cost report as outlined by the
	 department. If applicable, the audit shall be conducted in accordance with the
	 Federal Office of Management and Budget (OMB) Uniform Guidance 2 CFR Chapter I,
	 Chapter II, Part 200, et.al. Uniform Administrative Requirements, Cost
	 Principles, and Audit Requirements for Federal Awards by an auditor approved by
	 the Auditor General to perform the audit.
For either an entity-wide, independent financial audit or an OMB
	 Uniform Guidance 2 CFR 200 audit, the provider shall assure resolution of all
	 interim audit findings. The provider shall facilitate and aid any such reviews,
	 examinations, and agreed upon procedures the department or any contractor may
	 perform.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
Office of Management and Budget (OMB) Uniform Guidance: Cost
		Principles, Audit, and Administrative Requirements for Federal Awards
,
		Copies are available free of charge from the following website:
https://federalregister.gov/a/2013-30465
.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:04 - Retention of records

Current through Register Vol. 51, page 10, July 15, 2024
A provider must maintain records for six years or supervise the
	 maintenance of records including:
(1)
  Any applications for a person that was accepted and is receiving services
  including any supporting documents;
(2) Any documents that determine
  eligibility;
(3) Any documents
  pertaining to the provision of services;
(4) Any documents on administrative costs;
  and
(5) Any fiscal documentation or
  other records, and information necessary for reporting and accountability as
  required by the division.
(6) If a
  participant changes direct HCB service providers, their records will be
  transferred to the new provider of HCB services.
A provider shall maintain all records relating to provision of service
	 to a participant for six years. Each provider must have a written procedure for
	 destruction of records.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
Record retention, §
											67:16:34:05.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:05 - Policy for disposition of records if provider closes

Current through Register Vol. 51, page 10, July 15, 2024
A provider must have a written policy governing the disposition of its
	 paper or electronic records if the provider closes or transfers to a new
	 governing body. The policy must provide for at least the following:
(1) Transferring a participant's record to
  another provider if the participant is being transferred to that
  provider;
(2) Destroying records
  not required to be retained by §
									46:11:04:04;
(3) Transferring to the division records not
  covered in subdivisions (1) and (2) of this section; and
(4) Transferring any paper or electronic
  records intact to the new governing body or owner. The previous owner or
  governing body may not destroy or keep in its possession any of the provider
  records unless to do so is required by state or federal law.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:07 - Insurance

Current through Register Vol. 51, page 10, July 15, 2024
A provider must carry insurance that includes general liability,
	 property coverage, workers' compensation, automobile liability, and fidelity
	 bonding insurance.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:08 - Determination of product and service charges

Current through Register Vol. 51, page 10, July 15, 2024
A provider that provides vocational training and employment by means
	 of contract work must have policies and procedures that:
(1) Address the time study procedures to be
  used in determining the rate of reimbursement for participants;
(2) Specify the methods used to ensure
  competitive bidding practices;
(3)
  Define the process for documenting information that includes evidence of each
  participant's production performance, earning rate, and payment based on the
  recorded production level; and
(4)
  Specify the methods used to ensure compliance with applicable federal wage and
  hour laws.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:09 - Confidentiality and protection of records

Current through Register Vol. 51, page 10, July 15, 2024
Each provider shall have a policy regarding the confidentiality of
	 participant information to ensure that records, paper or electronic, are
	 protected against loss, tampering, or unauthorized disclosure of information in
	 accordance with 45 C.F.R., Part 160 and 164 (October 1, 2009) and provisions of
	 this chapter.
The policy shall include provisions to address how identifiable
	 participant information shall be kept confidential. Information of a
	 statistical nature, which cannot be identified with a specific participant, may
	 be used for planning and public information purposes.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:11 - Participant information to be furnished to division

Current through Register Vol. 51, page 10, July 15, 2024
The participants case manager must submit the Inventory for Client and
	 Agency Planning (ICAP) data pursuant to §
									67:54:04:06.
Failure to comply with the provisions of this section may result in the
	 withholding of the department's payments for services provided for each
	 participant for whom the required data is not furnished. Payments may be
	 withheld by the department until all data is furnished. Any payment previously
	 withheld will be paid upon submission of all requested data pursuant to this
	 section.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
Preplacement assessment, §
											67:54:04:06.
Inventory for Client and Agency Planning
(ICAP), 1986,
		published by Riverside Publishing, 425 Spring Lake Drive, Itaska, IL
		60143-2079. Cost: 25 response booklets $76; Compuscore for the ICAP,
		402.95.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:12 - Service agreement modification

Current through Register Vol. 51, page 10, July 15, 2024
If a provider discontinues services to a participant which were
	 purchased by the department under chapter 67:54:03 or 67:54:04, the department
	 may modify the provisions of that service agreement.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:13 - Management of personal finances

Current through Register Vol. 51, page 10, July 15, 2024
The provider of direct HCB services may manage the participant's
	 personal finances under the following conditions:
(1) At the request of the participant;
  or
(2) At the request of the
  participant's parent if the participant is under 18 years of age, or the
  participant's conservator or guardian, if any; or
(3) The provider of direct HCB services
  determines the participant's financial welfare is at risk and implements a
  rights restriction.
(4) If the any
  of the conditions in subsections 46:11:04:13 (1) through (3) are met, A
  provider of direct HCB services shall have policies and procedures to address
  the management of a participant's personal finances, including the following:
(a) That the ISP annually document the
  circumstances leading to this action; the rationale for this action; and if
  appropriate, a plan for returning control of the funds to the participant,
  including methods and schedules for implementation and documentation that the
  participant has access to and opportunities for training in how to handle the
  money;
(b)That the participant's
  financial record include documentation of all cash funds, savings, or checking
  accounts, deposits and withdrawals, and the participant's ledger and bank
  statement which provides a record of all funds received and disbursed and the
  current balance;
(c) That account
  balances and records of transactions be provided to the participant, the
  participant's parent if the participant is under 18 years of age, or the
  participant's conservator, or the participant's fiscal representative at least
  annually or more often if requested; and
(d) That a separate accounting be maintained
  for any participant's interest held in a common trust fund if
  applicable.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:14 - bylaws or other legal documents

Current through Register Vol. 51, page 10, July 15, 2024
Each provider must adopt bylaws or other legal documents which state
	 its purpose. The bylaws or other legal documents shall:
(1) Provide for a rotating board of
  directors;
(2) Establish term
  limits for members of the board of directors;
(3) Provide opportunity for participants and
  family members to be members of the board of directors or a voting board or a
  voting member of an active board committee;
(4) Provide that the members of the governing
  board serve without pay; and
(5)
  Provide that no financial benefit accrue as a result of membership of the
  board.
A provider that is an education cooperative is exempt from this section
	 provided the provider complies with the provisions in SDCL chapter 13-8. A
	 provider that is legally organized in a different state may meet the
	 requirements of this section through the use of an advisory board that complies
	 with provisions of this section instead of the board of
	 directors.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
School boards and school district officers, SDCL chapter
		13-8.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:15 - Hours open

Current through Register Vol. 51, page 10, July 15, 2024
Each providers administrative office must be open 40 hours a week,
	 Monday through Friday, except holidays.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:04 - Administrative requirements › Section 46:11:04:15.01 - Staff orientation training

Current through Register Vol. 51, page 10, July 15, 2024
The provider of direct HCB services shall ensure that all employees
	 responsible for providing supports and services to individuals are trained on
	 the minimum requirements necessary to address the individual's needs. The
	 training and documentation requirements are as follows:
(1) Before a new employee, temporary
  employee, or volunteer performs any duties, the initial orientation
  requirements are as follows:
(a) Orientation
  to the community services provider and its policies;
(b) Emergency procedures concerning fire
  prevention, accident prevention, and response to emergencies;
(c) Techniques of identifying and observing
  signs of abuse, neglect, and exploitation;
(d) Procedures used in investigating and
  documenting alleged instances of abuse, neglect, and exploitation;
  and
(e) Procedures used to report
  alleged instances of abuse, specifically to whom allegations should be
  reported, and reporting deadlines;