reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:01 - General provisions › Section 46:24:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Admission diagnosis," initial diagnosis
  or reason for admission to the inpatient psychiatric facility using the
  diagnostic codes listed in Appendix A at the end of this chapter;
(2) "Batched data," submission of a number of
  reports at the same time;
(3)
  "Inpatient psychiatric data collection system on minors," a centralized data
  base designed to collect and consolidate psychiatric inpatient data pertaining
  to minors;
(4) "Collateral
  contacts," inpatient psychiatric facility contacts with community mental health
  centers, schools, child protection services, court services, family, private
  providers, and local interagency teams;
(5) "Department," the South Dakota Department
  of Human Services;
(6) "Discharge
  diagnosis," diagnosis upon discharge of the minor, using the American
  Psychiatric Association DSM-III-R coding structure;
(7) "Minor," an individual less than 18 years
  of age;
(8) "Objection hearing," a
  hearing held at the request of the minor pursuant to SDCL
  27A-15-15.1; and
(9) "Permanent residence," the minor's usual
  place of residence to include state, county, and city.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:01 - General provisions › Section 46:24:01:02 - Responsibilities of department

Current through Register Vol. 51, page 10, July 15, 2024
The department is the custodian of the inpatient psychiatric data
	 collection system on minors and is responsible for the overall collection,
	 analysis, and dissemination of data and information related to the system and
	 for monitoring the accuracy of the data submitted.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:01 - General provisions › Section 46:24:01:03 - Functions of data collection system

Current through Register Vol. 51, page 10, July 15, 2024
The inpatient psychiatric data collection system on minors shall
	 monitor the occurrence of minor inpatient psychiatric admissions and discharges
	 in South Dakota and provide nonidentifying descriptive data on minor inpatient
	 psychiatric admissions and discharges to federal, state, and local government
	 entities, mental health professionals, and the general
	 public.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:02 - Reporting requirements › Section 46:24:02:01 - Entities required to report

Current through Register Vol. 51, page 10, July 15, 2024
All entities with inpatient psychiatric facilities providing inpatient
	 psychiatric services to minors in the state, other than federal facilities,
	 shall provide reports to the department using the procedures in this
	 article.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:02 - Reporting requirements › Section 46:24:02:02 - Reportable event

Current through Register Vol. 51, page 10, July 15, 2024
A reportable event is the discharge of a minor from a designated
	 psychiatric unit of an inpatient psychiatric facility.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:02 - Reporting requirements › Section 46:24:02:03 - Reportable data elements

Current through Register Vol. 51, page 10, July 15, 2024
Each inpatient psychiatric facility providing inpatient psychiatric
	 care to minors must report the following data elements to the department for
	 each case which meets the reporting criterion provided in §
									46:24:02:02:
(1) The minor's identification code as
  prescribed in §
									46:24:02:04;
(2) The minor's date of birth;
(3) The minor's sex;
(4) The minor's race;
(5) Admission diagnosis;
(6) Discharge diagnosis;
(7) Discharge to other hospital, home,
  residential facility, foster care, long-term psychiatric hospital, juvenile
  detention, inpatient chemical dependency, group home, elopement, or
  other;
(8) Preferred disposition,
  if applicable;
(9) Whether an
  objection hearing was held;
(10)
  The minor's date of admission to an inpatient psychiatric facility;
(11) The minor's date of discharge from an
  inpatient psychiatric facility;
(12) The minor's admission status either
  voluntary, involuntary, or court-ordered;
(13) The results of an objection
  hearing;
(14) The minor's
  evaluation status for emotional/behavioral disorder for special education prior
  to admission if one was completed;
(15) Whether or not the minor was enrolled in
  special education for an emotional or behavioral disorder;
(16) Where the minor was living prior to
  admission;
(17) The minor's prior
  mental health services;
(18) The
  admitting inpatient psychiatric facilities collateral contacts;
(19) The minor's permanent
  residence;
(20) The minor's payment
  source or sources for the inpatient psychiatric treatment; and
(21) The name of the admitting inpatient
  psychiatric facility.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:02 - Reporting requirements › Section 46:24:02:04 - Identification code

Current through Register Vol. 51, page 10, July 15, 2024
The inpatient psychiatric hospital shall assign each minor an
	 identification code consisting of six characters, as follows:
(1) The first character is the first letter
  of the minor's first name;
(2) The
  second and third characters are the total number of letters in the last name,
  disregarding any spaces within the name;
(3) The fourth character is the first letter
  of the minor's last name;
(4) The
  fifth character is the first letter of the minor's second or middle name. If
  there is none, it shall be left blank; and
(5) The sixth character is used for twins or
  triplets, with a 9 assigned to the first minor, an 8 to the second minor, and a
  7 to the third minor.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:02 - Reporting requirements › Section 46:24:02:05 - Method of reporting

Current through Register Vol. 51, page 10, July 15, 2024
Inpatient psychiatric facilities required under §
									46:24:02:01 to report shall submit
	 the data required in §
									46:24:02:03. The department shall
	 approve the method of data transmission for each inpatient psychiatric facility
	 required to report. A monthly submission to the department shall include
	 batched data of all reportable cases during the period from the first day to
	 the last day, inclusive, of each month. Monthly submissions must reach the
	 department within 60 days following the completion of the end of the month for
	 which the data is being submitted. Submissions shall be addressed to: Division
	 of Mental Health, South Dakota Department of Human Services, East Highway 34,
	 c/o 500 E. Capitol, Pierre, South Dakota, 57501.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:03 - Quality assurance › Section 46:24:03:01 - Correcting submitted data

Current through Register Vol. 51, page 10, July 15, 2024
Upon discovering an error in a report or upon the request of the
	 department, a reporting inpatient psychiatric facility shall supply corrected
	 or missing information within 30 days after discovering the error or missing
	 the information or within 30 days after receiving a request from the department
	 for corrected or missing information.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:03 - Quality assurance › Section 46:24:03:02 - Validation of information

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of assuring the quality of submitted data, each
	 reporting inpatient psychiatric facility shall allow the department to inspect
	 the portions of a patient's medical records that are necessary to verify the
	 accuracy of submitted data.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:03 - Quality assurance › Section 46:24:03:03 - Quality assurance edits

Current through Register Vol. 51, page 10, July 15, 2024
The department may perform quality assurance edits on data entered into
	 the child and adolescent inpatient psychiatric data collection system to ensure
	 that all data are complete and accurately recorded.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:04 - Confidentiality › Section 46:24:04:01 - Confidentiality of data

Current through Register Vol. 51, page 10, July 15, 2024
Information contained in the child and adolescent inpatient psychiatric
	 data collection system may be used for medical or other research.
	 Confidentiality of identifying data shall be maintained in accordance with SDCL
	 27A-12-25 and
	 27A-12-32.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:04 - Confidentiality › Section 46:24:04:02 - Publication of data

Current through Register Vol. 51, page 10, July 15, 2024
Published information may not contain an identifying number, mark, or
	 description which can be readily associated with an individual who is or was
	 the subject of a report of an inpatient psychiatric discharge to the
	 department. All published data must be presented in such a manner that no
	 person may be identified. Data existing in cells of less than three individuals
	 may not be published except on a statewide basis.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:24 - Psychiatric inpatient data on minors › Chapter 46:24:05 - Information exchange › Section 46:24:05:01 - Annual statistical summary

Current through Register Vol. 51, page 10, July 15, 2024
The department shall publish annual, statewide statistical summaries of
	 information contained in the child and adolescent inpatient psychiatric data
	 collection system. Annual summaries of data may also be provided to inpatient
	 psychiatric facilities, based on the data that they submitted, upon request of
	 the reporting inpatient psychiatric facility. Reporting inpatient psychiatric
	 facilities may not be provided source-specific reports for facilities other
	 than their own.
General Authority:
SDCL
		27A-15-6.1.
Law Implemented:
SDCL
		27A-15-6.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:01 - General provisions › Section 46:30:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Audiologist," an individual as defined
  in SDCL 36-24-1.2;
(2) "Deaf," a non-correctable, bilateral
  hearing loss of 90dB HL or more;
(3) "Department," the Department of Human
  Services;
(4) "Division," the
  Division of Rehabilitation Services, a division of the Department of Human
  Services;
(5) "Hard of hearing," a
  hearing loss of 30dB HL or more in the better ear;
(6) "Hearing aid," any wearable instrument or
  device offered for the purpose of aiding or compensating for impaired human
  hearing and any parts, attachments, or accessories to the instrument or device,
  including ear molds, but excluding batteries or cords. The term, hearing aid,
  does not include cochlear implant, cochlear prosthesis, or bone anchored
  hearing aids;
(7) "Household
  income," income which includes gross income of each parent or guardian who is
  legally responsible for the care and support of the applicant. If the applicant
  has reached the age of majority and continues to reside at home, the parents'
  or guardians' income will continue to be considered. If the applicant has
  reached the age of majority and lives independently, only the applicant's
  income will be considered.
(8)
  "Provider," an agency contracted by the Department of Human Services to provide
  services to eligible applicants of specific programs;
(9) "Resident," an individual who is
  physically present in South Dakota with an expressed intent to remain; or in
  the case of a child under 18 years of age, the custodial and legally
  responsible parent or guardian of the child who is physically present in South
  Dakota with an expressed intent to remain;
(10) "Secretary," the Secretary of the
  Department of Human Services;
(11)
  "Specialized telecommunication equipment," equipment and software provided
  through one of the telecommunications programs specifically for
  telecommunication;
(12) "Speech
  impairment," an impaired ability to produce speech sound which may range from
  mild to severe;
(13)
  "Telecommunication," the science and technology of communication at a distance
  by electronic transmission of impulses;
(14) "Telecommunication Adaptive Devices
  Program" or "TAD," a program to provide telecommunication adaptive devices to
  individuals with disabilities that do not include deafness, deaf/blind, hard of
  hearing, or speech impairment, and
(15) "Telecommunication Equipment
  Distribution Program", or "TED," a program to provide telecommunication devices
  to individuals who are deaf, deaf/blind, hard of hearing, or have a speech
  impairment.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:01 - General provisions › Section 46:30:01:04 - Vocational rehabilitation program - Use of federal and state laws

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise specified in this article, in carrying out the
	 administration of SDCL chapter 28-9, the vocational rehabilitation program, the
	 Division of Rehabilitation Services shall follow the regulations set forth in
	 34 C.F.R. §§ 361 to 367, inclusive, (November 1, 1998); and Titles I
	 to VIII, inclusive, of the Rehabilitation Act of 1973, Pub. L. No. 93-112, as
	 amended (August 7, 1998).
General Authority:
SDCL
		28-9-40,
		28-9-44.
Law Implemented:
SDCL
		28-9-40,
		28-9-44.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:03 - Establishment grants and service to groups grants › Section 46:30:03:02 - Selection of grants

Current through Register Vol. 51, page 10, July 15, 2024
The division shall select grants based on the following:
(1) Professional and technical qualification
  of personnel;
(2) Adequacy of
  equipment;
(3) Adequacy of services
  rendered; and
(4) Identified needs
  of persons with disabilities.
Grant awards are contingent upon the availability of
	 funds.
General Authority:
SDCL
		28-9-44.
Law Implemented:
SDCL
		28-9-38.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:03 - Establishment grants and service to groups grants › Section 46:30:03:09 - Reasons for terminating grants

Current through Register Vol. 51, page 10, July 15, 2024
The division may terminate grants when federal funds are exhausted. The
	 division may also terminate grants for any of the following
	 circumstances:
(1) The project period
  ends and the agency makes no request for the continuation of the
  grant;
(2) The agency ceases to be
  a public or private nonprofit agency;
(3) The agency fails to meet the objectives
  as established in the grant proposal or ceases to benefit individuals with
  disabilities;
(4) Changes were made
  by the division in the priority of services; or
(5) Matching funds from the agency are not
  available.
General Authority:
SDCL
		28-9-44.
Law Implemented:
SDCL
		28-9-38.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:01 - Notice of right to administrative review and fair hearings

Current through Register Vol. 51, page 10, July 15, 2024
Applicants for or consumers of vocational rehabilitation services shall
	 be informed in writing or in an accessible format of their right to an
	 administrative review, mediation, and fair hearing.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:02 - Right to administrative review

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or consumer of vocational rehabilitation services who is
	 dissatisfied with a determination regarding eligibility or receipt of services
	 from the division may submit a written request to the division for an
	 administrative review within 30 days from the receipt of eligibility
	 determination or denial of services. The administrative review is voluntary on
	 the part of the applicant or consumer. This process may not be used to deny or
	 delay a fair hearing before an impartial hearing officer pursuant to §
									46:30:05:05, unless the parties
	 jointly agree to a delay.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
Right to fair hearing, §
											46:30:05:05.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:03 - Time and place of review

Current through Register Vol. 51, page 10, July 15, 2024
A representative of the division shall meet with the aggrieved party at
	 the earliest time convenient for both. The place for the review shall be the
	 vocational rehabilitation office closest to the aggrieved party's home unless
	 another place is agreed upon by both parties.
General Authority:
SDCL
		28-9-44(7),
		38-10-21(7).
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:04 - Notice of results of review

Current through Register Vol. 51, page 10, July 15, 2024
A representative of the division shall notify the aggrieved party in
	 writing or in an accessible format of the determination within 10 working days
	 after the date the review takes place.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:05 - Right to fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or consumer of vocational rehabilitation services who is
	 dissatisfied with a determination regarding eligibility or the receipt of
	 services from the division may request a fair hearing by an impartial hearing
	 officer by sending a written request to the division within 30 days from the
	 receipt of eligibility determination or denial of services. An applicant or
	 consumer of vocational rehabilitation services dissatisfied with the outcome of
	 the administrative review process pursuant to §
									46:30:05:02, or the mediation
	 process pursuant to §
									46:30:05:17, may request a fair
	 hearing. The written request for a fair hearing must be submitted to the
	 division within ten days following mediation or from the date of the receipt of
	 notice of the results of the administrative review pursuant to §
									46:30:05:04.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-44,
		28-10-21.
Right to administrative review, §
											46:30:05:02.
Notice of results of review, §
											46:30:05:04.
Right to mediation, §
											46:30:05:17.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:06 - Time and place of hearing

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing by an impartial hearing officer shall be held within 60
	 days after receipt by the division of a request by the applicant or consumer
	 unless an extension of time is granted as specified in §
									46:30:05:07. The hearing shall be
	 held at the vocational rehabilitation office closest to the aggrieved party's
	 home unless another place is agreed upon by both parties.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-44,
		28-10-21.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:07 - Extensions of time

Current through Register Vol. 51, page 10, July 15, 2024
Except for the time limit established in §
									46:30:05:14, time extensions may
	 be provided by the impartial hearing officer or upon agreement of both parties
	 to a specific extension of time.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:08 - Contents of notice of hearing - Waiver

Current through Register Vol. 51, page 10, July 15, 2024
Written or in an accessible format notice of the time and place set for
	 hearing shall be issued to the aggrieved party at least 10 days before the
	 hearing date. The notice may be waived by the aggrieved party. The notice shall
	 include a statement that the aggrieved party and the witnesses are to be
	 present at the time and place fixed for the hearing, and that exhibits or
	 documents intended to be introduced as evidence at the hearing must be made
	 available at that time; a statement that the aggrieved party may be represented
	 by an attorney or authorized representative; and a statement that payment of
	 legal fees will not be covered by the department.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
Contents of notices in contested cases, SDCL
		1-26-17.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:09 - Requirements of fair hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
Fair hearing procedure shall include an opportunity to develop the
	 facts relevant to points in issue; confrontation and cross-examination of
	 witnesses under oath; objection to admission or exclusion of evidence; rebuttal
	 of evidence presented; introduction of exhibits and documents as evidence;
	 examination, upon request, of all exhibits and documents offered or received as
	 evidence either at or prior to the hearing; and making available any relevant
	 materials or statements on the issue.
General Authority:
SDCL
		28-9-44,
		28-10-21.
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
Rules of evidence in contested cases, SDCL
		1-26-19.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:10 - Reexaminations authorized if hearing involves medical issues

Current through Register Vol. 51, page 10, July 15, 2024
If the hearing involves a medical issue, the division director may
	 authorize another medical assessment by a general practitioner or a specialist
	 in the area of the alleged disability or functional limitation other than the
	 person or persons who conducted the original medical examination. The
	 reexamination shall be made part of the record. If the general practitioner or
	 specialist recommends referral for further examination or testing, the division
	 director shall authorize it and the department shall pay for
	 it.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-36,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:11 - Adjournment of hearing

Current through Register Vol. 51, page 10, July 15, 2024
The impartial hearing officer may adjourn a fair hearing from day to
	 day or to a designated date upon notice to the parties.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-44,
		28-10-21.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:12 - Record of hearing

Current through Register Vol. 51, page 10, July 15, 2024
The division director shall appoint a qualified person to act as
	 reporter at the hearing and make a verbatim record of the
	 testimony.
General Authority:
SDCL
		28-9-44.
Law Implemented:
SDCL
		28-9-36.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:13 - Written decision required after fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
The impartial hearing officer shall decide the issues presented at the
	 fair hearing based on the Rehabilitation Act of 1973, as amended (August 7,
	 1988), the approved state plan and federal vocational rehabilitation
	 regulations, and shall provide to the applicant or consumer or the
	 representative of the applicant or consumer and the secretary a full written
	 report of the proposed findings and grounds for the decision within 30 days
	 after the completion of the hearing.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-44,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:14 - Review by secretary

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the impartial hearing officer's full written report and
	 proposed decision, the secretary shall notify in writing or in an accessible
	 format the applicant or consumer or the representative of the applicant or
	 consumer of the secretary's decision to adopt or review the impartial hearing
	 officer's report. This action shall be completed within 20 days after receipt
	 of the impartial hearing officer's report. The applicant or consumer or the
	 representative of the applicant or consumer shall be provided an opportunity to
	 submit additional evidence and information if the secretary's decision is to
	 review the impartial hearing officer's report.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-44,
		28-9-36,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:15 - Written decision required after secretary's review

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days after providing notice of intent to review the impartial
	 hearing officer's report, the secretary shall make a final decision and provide
	 a full report in writing of the decision and of the findings and grounds for
	 the decision to the applicant or consumer or to the individual's
	 representative.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-44,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:05 - Reviews and hearings › Section 46:30:05:17 - Right to mediation

Current through Register Vol. 51, page 10, July 15, 2024
An applicant or a consumer of vocational rehabilitation services shall
	 be informed of the right to mediation. Mediation shall be offered as an option
	 when a fair hearing is requested. An applicant or consumer of vocational
	 rehabilitation services may request mediation by sending a written request to
	 the division within 30 days from the receipt of eligibility determination or
	 denial of services. An applicant or consumer of vocational rehabilitation
	 services dissatisfied with the outcome of the administrative review process
	 pursuant to §
									46:30:05:02, may request
	 mediation. The request for mediation must be submitted to the division within
	 ten days from the notice of the result of the administrative review pursuant to
	 §
									46:30:05:04. The mediation process
	 is voluntary on the part of the parties and may not be used to deny or delay
	 the right of an individual to a fair hearing before an impartial hearing
	 officer pursuant to §
									46:30:05:05. Mediation shall be
	 conducted by a qualified and impartial mediator. The division shall maintain a
	 list of individuals who are qualified mediators and knowledgeable in the laws
	 relating to the provision of vocational rehabilitation services. The division
	 shall bear the cost of the mediation process, except for the applicant's or
	 consumer's legal fees.
General Authority:
SDCL
		28-9-44(7),
		28-10-21(7).
Law Implemented:
SDCL
		28-9-44,
		28-10-14.
Right to administrative review, §
											46:30:05:02.
Notice of results of review, §
											46:30:05:04.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:06 - Costs to clients › Section 46:30:06:01 - Definition of terms

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in §
									46:30:01:01 have the same meaning
	 when used in this chapter. In addition, terms used in this chapter mean:
(1) "Dependent family member," an individual
  who is single, living at home with parents or legal guardians and is claimed as
  a dependent on the current family federal income tax form or receives more than
  half of the individual's financial support from parents or legal
  guardians;
(2) "Economic need
  test," a test to determine the economic need of an individual with a disability
  as a condition precedent to providing specific rehabilitation
  services;
(3) "Family unit," the
  head of household and all other individuals the head of household may currently
  claim as dependents for federal income tax purposes; a married couple filing
  separate tax returns;
(4) "Poverty
  guidelines," the dollar amounts set by the United States Department of Health
  and Human Services in 59 Fed. Reg. 6,277 (February 10, 1994);
(5) "Yearly adjusted gross income," the
  family unit's salaries, net business profit, net farm income, investment
  income, insurance or compensation, old age survivors' insurance, social
  security disability insurance, supplemental security income, public assistance,
  unemployment insurance, aid from family members, or any other resources
  available to the family unit.
General Authority:
SDCL
		28-9-44(4),
		28-10-21(4).
Law Implemented:
SDCL
		28-9-30,
		28-9-32,
		28-9-44,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:06 - Costs to clients › Section 46:30:06:01.01 - Extenuating costs

Current through Register Vol. 51, page 10, July 15, 2024
Extenuating costs consist of the following:
(1) Medical expenses: the actual
  out-of-pocket costs of medical, dental, psychological, and personal assistant
  services for which there is evidence that payments are being made during the
  year. Medical liabilities for which no payments are being made are not
  considered;
(2) Training expenses
  for the individual and other dependent family members: the actual out-of-pocket
  costs of the consumer and other dependent family members attending an
  educational institution for postsecondary training or education on an
  undergraduate level and costs of elementary or secondary students attending
  special education or training facilities; and
(3) Child care expenses: the actual cost of
  child care for dependent family members because of the absence of the consumer
  for employment or training.
General Authority:
SDCL
		28-9-44(4),
		28-10-21(4).
Law Implemented:
SDCL
		28-9-31,
		28-9-32,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:06 - Costs to clients › Section 46:30:06:04 - Measurement of economic need

Current through Register Vol. 51, page 10, July 15, 2024
Vocational rehabilitation services requiring a determination of
	 economic need may be provided to an individual with a disability whose total
	 resources owned and yearly income earned meet the following measurement of
	 economic need:
(1) The family unit's
  equity in income-producing real property does not exceed $75,000;
(2) The family unit's cash, bonds,
  securities, or investments do not exceed $3,500 plus $250 for a spouse and $250
  for each dependent child; and
(3)
  The total family unit's yearly adjusted gross income minus any extenuating
  costs does not exceed 185 percent of the poverty guideline. If it is not
  possible to calculate the current yearly income of the family unit, the yearly
  income earned by the family unit in the last calendar year shall be used to
  meet the requirements of this subdivision.
If the individual is a dependent child or a dependent adult, the
	 division shall consider the total resources and adjusted yearly gross income
	 minus any extenuating costs of the family unit in establishing economic need.
	 Earned income of dependent children still in high school is not considered in
	 establishing economic need.
The division shall consider any resources over the standards in this
	 section available for application to the costs of the rehabilitation
	 plan.
General Authority:
SDCL
		28-9-44(4),
		28-10-21(4).
Law Implemented:
SDCL
		28-9-30,
		28-9-32,
		28-9-44,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:06 - Costs to clients › Section 46:30:06:09 - Limit on tuition and fees at private educational institutions - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
The department's payment for tuition and fees for eligible individuals
	 attending private postsecondary educational institutions is limited to the
	 tuition and fees established by the South Dakota Board of Regents pursuant to
	 SDCL 13-53-6 or to the tuition
	 established by the South Dakota Board of Education for postsecondary technical
	 institutes plus the individual instructional fees established for the various
	 programs, with the following exceptions:
(1) If it is determined by the division that
  a consumer is in need of special services or medical treatment concurrent with
  training and that such services or treatment are not provided in a location
  where a state school is located, the total cost of the tuition and fees may be
  paid by the division; or
(2) When
  it is jointly determined by the division and the consumer to undertake training
  which is not available in a state school, the total cost of tuition and fees
  may be paid.
If it is necessary for an individual to attend an out-of-state training
	 program because of the individual's disability, the individual's and family's
	 financial responsibility may be no greater than the financial responsibility to
	 attend a comparable in-state training program.
General Authority:
SDCL
		28-9-44(4),
		28-10-21(4).
Law Implemented:
SDCL
		28-9-30,
		28-9-32,
		28-9-44,
		28-10-14.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms used in this chapter mean:
(1) "Attendant services," services of a
  personal attendant performed on behalf of and at the direction of a consumer to
  allow the consumer to remain at home;
(2) "Income," money received in a month,
  including wages or salaries after deductions for taxes and pensions, social
  security payments, supplemental security income, railroad retirement,
  dividends, veterans' benefits, pensions, annuities, unemployment compensation,
  income tax refunds, interest, trust income except the interest accrued on
  burial funds, net farm income, net self-employment income, and net rental
  income;
(3) "Resources," those
  assets an individual has at the beginning of a month which are not counted as
  income for that month;
(4)
  "Consumer," an applicant for or a recipient of services under this
  chapter;
(5) "Department," the
  Department of Human Services.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:03 - Eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A consumer is eligible for attendant services if the consumer meets the
	 following requirements:
(1) Has an
  injury to the spinal cord, 8th vertebrate in the neck or above, causing severe
  paralysis of both lower limbs or trunk and total or partial paralysis of both
  upper limbs. The condition must be caused by an accident and may not be the
  result of the normal aging process or disease;
(2) Is at least 18 years old;
(3) Is mentally alert and oriented to the
  realities of time, space, and place as determined by the consumer's personal
  physician;
(4) Possesses the
  ability to live independently outside an institution or facility;
(5) Meets the cost sharing requirement in
  §
									46:30:07:07 and resource
  requirements in (9) of this section;
(6) Requires institutional care as determined
  by the consumer's personal physician if attendant services are not
  provided;
(7) Is not eligible for
  other attendant services program;
(8) Is a South Dakota resident;
(9) Does not have resources valued greater
  than $10,000. One motor vehicle, one home, and home property regardless of
  value are excluded from resources;
(10) Can direct and manage the needed
  services; and
(11) Is medically
  stable and free from life threatening conditions as determined by the
  consumer's personal physician.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
Eligibility for other attendant services programs, §
											46:30:07:04.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:04 - Eligibility for other attendant services programs

Current through Register Vol. 51, page 10, July 15, 2024
The consumer must apply for any other attendant services programs
	 available to the consumer. If the consumer is eligible for attendant services
	 from any other program, the department shall serve the consumer under the
	 program that is most economically beneficial to the state. Consumers refusing
	 to apply for other attendant services programs are not eligible for services
	 under this chapter. The department shall send notice of appeal pursuant to
	 §
									46:30:07:12 to consumers who
	 refuse to apply for other attendant services programs.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:05 - Assessment and service plan

Current through Register Vol. 51, page 10, July 15, 2024
The department, in consultation with the consumer, shall assess the
	 consumer's capacity to live independently and the consumer's attendant services
	 needs. The department and the consumer shall use the assessment to develop the
	 consumer's service plan. The case manager, consumer's personal physician, and
	 department must approve the plan before the department may reimburse for
	 services.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:06 - Reimbursable services

Current through Register Vol. 51, page 10, July 15, 2024
Reimbursable services are as follows:
(1) Practicing infection control
  methods;
(2) Handling and disposing
  of body fluids;
(3) Bathing,
  including bed, tub, shower, and baths;
(4) Caring for hair, including
  shaving;
(5) Maintaining oral
  hygiene, including brushing teeth and cleaning dentures;
(6) Dressing and undressing;
(7) Assisting with toileting;
(8) Caring for incontinence;
(9) Feeding or assisting with eating, unless
  there is another person in the home who is able to perform the task;
(10) Planning and preparing meals, including
  shopping for and purchasing food, unless there is another person in the home
  who is able to perform the task;
(11) Performing routine eye care;
(12) Taking temperatures;
(13) Caring for nails and feet;
(14) Applying ace wraps and antiembolic
  stockings;
(15) Assisting with
  applying or removing a prosthesis or orthotic device;
(16) Assisting with self-administration of
  medications;
(17) Changing
  dressings on uninfected sores;
(18)
  Caring for skin, including back rubs;
(19) Turning and positioning in
  bed;
(20) Assisting with
  transfers;
(21) Maintaining the
  consumer's home in a clean and safe condition, unless there is another person
  in the home who is able to perform the task;
(22) Making a wrinkle-free bed, unless there
  is another person in the home who is able to perform the task;
(23) Laundering and mending clothes, unless
  there is another person in the home who is able to perform the task;
(24) Assisting with paying bills, balancing a
  checkbook, and managing the home budget, unless there is another person in the
  home who is able to perform the task;
(25) Performing range-of-motion exercises
  designed specifically for the consumer;
(26) Performing routine ostomy care;
  and
(27) Assisting with bowel and
  bladder program.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:07 - Cost sharing

Current through Register Vol. 51, page 10, July 15, 2024
The consumer must participate in a percentage of the cost for attendant
	 services if the percentage is greater than zero. The percentage of cost is
	 determined using the following formula:
Consumer's monthly income-(3 x maximum SSI standard benefit)
Percentage of cost = 
	 _______________________________________________________
4 x maximum SSI standard benefit
Payment for attendant services may not exceed the rate paid for
	 services of a personal attendant provided under chapter 67:54:06, the assistive
	 daily living services program.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
Department to refer certain individuals to Social Security
		Administration to apply for SSI, §
											67:46:04:13.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:08 - Procedure for obtaining reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
The department shall pay the consumer for approved reimbursable
	 services in §
									46:30:07:06. The consumer must
	 submit a monthly bill on a form provided by the department by the 15th of the
	 following month after services are performed. The department may not pay for
	 more than 42 hours of reimbursable services during a calendar
	 week.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1,
		28-8A-7.1.
Assessment and service plan, §
											46:30:07:05.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:09 - Notice of change in income and resources

Current through Register Vol. 51, page 10, July 15, 2024
The consumer must immediately inform the department of any changes in
	 the consumer's income and resources.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:10 - Annual review of service plans, income, and resources

Current through Register Vol. 51, page 10, July 15, 2024
The department shall review service plans annually. They must be
	 approved by the consumer's physician, the case manager, and the
	 department.
Annually, the department shall review the consumer's income to
	 determine the consumer's percentage of cost sharing in §
									46:30:07:07 and the consumer's
	 resources to determine continued eligibility under §
									46:30:07:03.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.