reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:13 - Preadmission screening and resident reviews › Section 46:11:13:18 - Interfacility transfer

Current through Register Vol. 51, page 10, July 15, 2024
An interfacility transfer occurs when the individual is transferred
	 from one Medicaid certified swing bed or nursing facility to another, with or
	 without an intervening hospital stay. Interfacility transfers are not subject
	 to PASRR. If an individual transfers from a Medicaid certified swing bed or
	 nursing facility to a hospital or to another Medicaid certified swing bed or
	 nursing facility, the transferring nursing facility is responsible for ensuring
	 that copies of the individual's PASRR findings accompany the
	 individual.
General Authority:
SDCL
		27B-2-26(8).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:13 - Preadmission screening and resident reviews › Section 46:11:13:19 - Out-of-state placement

Current through Register Vol. 51, page 10, July 15, 2024
The state where the individual is a state resident or would be a state
	 resident at the time Medicaid eligibility is obtained shall make the required
	 PASRR determination.
General Authority:
SDCL
		27B-2-26(8).
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:01 - General provisions › Section 46:17:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Active treatment," the implementation of
  a program of specialized and generic training, treatment, health services, and
  related services that lead to the acquisition of the behaviors necessary for
  the person supported to function with as much self-determination and
  independence as possible and to prevent regression or loss of current optimal
  functional status;
(2) "Behavior
  treatment plan," a written set of instructions for changing the behavior of the
  person supported;
(3) "Department,"
  the Department of Human Services;
(4) "Developmental disability," as defined in
  SDCL 27B-1-18;
(5) "Division," the
  Division of Developmental Disabilities, a division of the Department of Human
  Services;
(6) "Highly restrictive
  procedures," physical restraint, psychotropic medications, time-out rooms, or
  other procedures with similar degrees of restriction or intrusion;
(7) "ICF/IID," intermediate care facility for
  individuals with intellectual disabilities;
(8) "Informed consent," consent voluntarily,
  knowingly, and competently given without any element of force, fraud, deceit,
  duress, threat, or other form of coercion, after explanation of all information
  that a reasonable person would consider significant to the decision in a manner
  reasonably comprehensible to general lay understanding;
(9) "ISP," individual support plan. A
  planning document written in measurable outcomes detailing how an ICF/IID will
  provide or access needed supports for the person;
(10) "Person" or "person supported," an
  individual residing at an ICF/IID who is receiving services;
(11) "Physical restraints," any technique
  which restricts the free movement of, or normal functioning of, a portion or
  portions of a person's body and is not used for the purpose of achieving proper
  body position, balance, or alignment;
(12) "Positive behavioral supports,"
  procedures that do not infringe on the rights of the person
  supported;
(13) "QDDP," a qualified
  developmental disability professional. A person who has at least one year
  experience working with individuals with developmental disabilities or
  intellectual disabilities and is one of the following: a doctor of medicine or
  osteopathy, a registered nurse, or an individual who holds at least a
  bachelor's degree in a professional category specified within
  42 C.F.R. §
										483.430;
(14) "Restoration plan," a statement, written
  in clear, observable measures, developed by the interdisciplinary team to
  address how any rights limitation placed on the person supported will be
  lifted;
(15) "Time-out room," an
  enclosed area in which the person supported is placed contingent upon the
  exhibition of a maladaptive behavior, in which reinforcement is not available
  and from which egress is denied.
General Authority:
SDCL 27B-2-26.
Law Implemented:
SDCL 27B-2-26,
		42 C.F.R. §
												483.410 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:02 - Rights of persons supported › Section 46:17:02:01 - Rights

Current through Register Vol. 51, page 10, July 15, 2024
At the time of admission, and at least annually thereafter, each person
	 supported shall be informed both verbally and in writing of the rights
	 enumerated in SDCL 27B-8-36 to 27B-8-45, inclusive. Reasonable limitations may
	 be placed upon these rights as provided in SDCL 27B-8-52 and if done in
	 accordance with §
									46:17:04:16.
General Authority:
SDCL 27B-2-26(4)
Law Implemented:
SDCL 27B-2-26(4), 27B-8-36 to 27B-8-45,
		27B-8-52, 42 C.F.R. §
												483.420 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:02 - Rights of persons supported › Section 46:17:02:02 - Grievance procedure

Current through Register Vol. 51, page 10, July 15, 2024
An ICF/IID shall have a written grievance procedure whereby the person
	 supported, the parents if the person is under 18 years of age, a guardian or
	 advocate, if any, may grieve a decision or action by the ICF/IID that affects
	 the person in the areas of eligibility, modification, or termination of
	 services or supports. The ICF/IID must provide assistance to the person in
	 submitting a grievance if requested.
General Authority:
SDCL 27B-2-26(4)
Law Implemented:
SDCL 27B-8-52,
		42 C.F.R. §
												483.420 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:02 - Rights of persons supported › Section 46:17:02:03 - Termination of services - Notification

Current through Register Vol. 51, page 10, July 15, 2024
At least ten calendar days before Before an ICF/IID terminates services
	 to a person supported, the ICF/IID must provide notice in accordance with SDCL
	 27B-3-46. of its intention Notice
	 must be given both orally and in writing to the person. Accommodations shall be
	 made for any person with communication difficulties. The ICF/IID shall provide
	 written notice to the parent, if the person is under 18 years of age, or the
	 guardian, if any, and the department. The written notice shall include:
(1) The reasons for the action;
(2) The appeal process;
(3) The availability of other services;
  and
(4) The right to appeal the
  decision to the secretary of the department.
General Authority:
SDCL
		27B-2-25.
Law Implemented:
SDCL
		27B-2-25.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:02 - Rights of persons supported › Section 46:17:02:04 - Appeal of termination

Current through Register Vol. 51, page 10, July 15, 2024
The person supported, the guardian, if any, or the parent if the person
	 is under 18 years of age, may appeal the decision of the ICF/IID to terminate
	 services to the secretary of the department by submitting a written notice of
	 appeal to the department within ten days after receipt of the notice to
	 terminate services and requesting a fair hearing pursuant to SDCL chapter 1-26.
	 The person shall continue receiving services from the ICF/IID until a decision
	 is reached after a hearing pursuant to SDCL chapter 1-26.
General Authority:
SDCL
		27B-2-25.
Law Implemented:
SDCL
		27B-2-25.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:02 - Rights of persons supported › Section 46:17:02:05 - Discharge summaries

Current through Register Vol. 51, page 10, July 15, 2024
At the time of the discharge, the ICF/IID shall develop a final summary
	 of the person's developmental, behavioral, social, health, and nutritional
	 status and, with the informed consent of the person supported, a parent if the
	 person is under 18 years of age, or a legal guardian, if any, shall provide a
	 copy to authorized persons and agencies. The ICF/IID shall provide a
	 post-discharge plan of care that will assist the person to adjust to the new
	 living environment.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:03 - Administrative requirements › Section 46:17:03:01 - Protection of records

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall develop and maintain a record keeping system that
	 includes a separate record for each person supported that documents the
	 person's health care, active treatment, social information, and protection of
	 the person's rights. The ICF/IID shall provide electronically-stored records
	 with security to prevent access by unauthorized personnel. The ICF/IID shall
	 keep confidential all information contained in the person's records, regardless
	 of the form or storage method of the records. Policies and procedures governing
	 the release of any information, including consents necessary from the person
	 supported, a parent if the person is under 18 years of age, or the legal
	 guardian, if any, must be written and executed.
General Authority:
SDCL 27B-2-26(2).
Law Implemented:
SDCL 27B-8-46 to 27B-8-49,
		42 C.F.R. §
												483.410 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:03 - Administrative requirements › Section 46:17:03:02 - Management of personal finances

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID may apply to become the representative payee of the
	 person's finances after submitting a request for payeeship to the Social
	 Security Administration.
The ICF/IID shall maintain a system that:
(1) Assures a full and complete accounting of
  the person's personal funds entrusted to the ICF/IID; and
(2) Precludes any commingling of the person's
  funds with the ICF/IID funds or with the funds of any person other than another
  person receiving services at the ICF/IID.
Each person's financial records shall be available upon request by the
	 person supported, the parent if the person is under 18 years of age, or the
	 legal guardian, if any.
To the extent of their capabilities and as determined by the
	 interdisciplinary team, the person shall have access to his or her financial
	 resources and shall be taught to manage his or her financial
	 affairs.
General Authority:
SDCL 27B-2-26(2).
Law Implemented:
42 C.F.R. §
												483.420 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:01 - Interdisciplinary team - Composition and meetings

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 calendar days after admission, the ICF/IID shall identify an
	 interdisciplinary team for each person supported. The interdisciplinary team
	 must be composed of the person and the person's QDDP, the person's family,
	 guardian, or advocate, if applicable, other ICF/IID staff, and any other
	 individual chosen by the person. Meetings of the interdisciplinary team must be
	 scheduled and conducted so they facilitate the active participation of all
	 members of the team. The interdisciplinary team must meet at least annually;
	 however, the person or any other member of the interdisciplinary team may
	 request a team meeting at any time.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:02 - Comprehensive functional assessment

Current through Register Vol. 51, page 10, July 15, 2024
Except as otherwise provided by law, within 30 calendar days after
	 admission and at least annually thereafter, the person supported and the
	 identified interdisciplinary team shall review existing assessment information
	 and complete new assessments or reassessments. The purpose of the comprehensive
	 functional assessment is to determine the appropriateness of continued supports
	 by the ICF/IID. The assessments must include the following:
(1) A physical examination and health
  assessment;
(2) A dental
  examination that includes an oral health assessment;
(3) A social assessment that includes a
  social and developmental history, delineation of the type and frequency of
  social interactions, and descriptions of the person's social support
  network;
(4) A psychological
  assessment including the person's emotional and intellectual status;
(5) A behavioral assessment;
(6) An assessment of adaptive behavior or
  independent living skills that includes functional skills in the areas of motor
  development, mobility, and personal health care;
(7) A developmental, educational, or
  vocational assessment; and
(8)
  Nutritional assessment and vision, auditory, speech, and language
  screenings.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
SDCL 27B-3-25,
		42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:03 - Individual support plan

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, each person supported must have an ISP for services
	 developed and implemented within 30 calendar days after admission. The plan
	 must address the appropriateness of current services and any guardianship
	 status. The ISP must state specific goals and objectives necessary to meet the
	 person's needs as identified by the comprehensive functional assessment.
The interdisciplinary team must meet:
(1) At least annually to review the plan or
  whenever the goals, objectives, and service plan are modified and require
  approval of the team; or
(2)
  Whenever there is a significant change to the person's supports or treatments
  that would require the team to convene.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §§
												483.430,
		483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:04 - Individual support plan development - Participants

Current through Register Vol. 51, page 10, July 15, 2024
The following individuals must have the opportunity to participate in
	 the development of the ISP:
(1) The
  person supported, unless the person's inability or unwillingness to participate
  is documented;
(2) The parent or
  legal guardian, if any, an advocate if requested by the person, parent, or
  guardian, and a spouse;
(3) Any
  individual who works or who is expected to work most closely with the person
  supported; and
(4) Any
  professionals and others with the expertise to design and review elements of
  the plan, including those who provide support or treatment.
When the ISP is developed, the person must receive active treatment. An
	 active treatment schedule must be available to all relevant staff. The ISP must
	 be implemented by all staff who provide services to the
	 person.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:05 - QDDP monitoring and coordination of ISP

Current through Register Vol. 51, page 10, July 15, 2024
A QDDP shall monitor on a monthly basis and coordinate all activities
	 regarding the implementation of the ISP. A QDDP shall observe and revise the
	 ISP and the delivery of supports and shall intervene as necessary to ensure
	 implementation.
The ISP must be reviewed by the QDDP for relevancy and revised as
	 necessary, including situations in which the person supported:
(1) Has successfully completed an objective
  identified in the ISP;
(2) Is
  regressing or losing skills already gained;
(3) Is failing to progress toward identified
  objectives after reasonable efforts have been made; or
(4) Is being considered for supports or
  treatment toward new objectives.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:06 - Professional program staff

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall have available qualified professional staff to
	 develop, implement, and monitor each person's ISP during the provision of
	 active treatment in accordance with
	 42 C.F.R. §
										483.440. These staff must participate as
	 members of the interdisciplinary team process; must participate in ongoing
	 staff development and training; and must be licensed, certified, or registered
	 according to state licensure requirements, if applicable.
General Authority:
SDCL 27B-2-26(1).
Law Implemented:
42 C.F.R. §§
												483.430,
		483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:07 - Direct support professionals

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID must maintain sufficient direct support professionals to
	 provide adequate support and treatment for the person supported in accordance
	 with the person's ISP. Minimum staff-to-person ratios must be maintained in
	 accordance with 42 C.F.R.
	 §
										483.430.
General Authority:
SDCL 27B-2-26(1).
Law Implemented:
42 C.F.R. §
												483.430 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:08 - Highly restrictive procedures

Current through Register Vol. 51, page 10, July 15, 2024
Highly restrictive procedures may only be used after review and
	 approval by the human rights committee, behavior support committee, the person
	 supported, and the parent if the person is under 18 years of age or the legal
	 guardian, if any, to ensure that the person's safety, welfare, and civil and
	 human rights are protected. Highly restrictive procedures may never be used for
	 disciplinary purposes, for staff convenience, or as a substitute for an active
	 treatment program.
General Authority:
SDCL 27B-2-26(4).
Law Implemented:
42 C.F.R. §
												483.450 (October 1,
		2002).
Behavior support committee, §
											46:17:04:14; Human rights
		committee -- Composition, §
											46:17:04:15.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:09 - Time-out rooms

Current through Register Vol. 51, page 10, July 15, 2024
Time-out rooms may be used only under continuous observation of the
	 person supported by ICF/IID staff, may not be locked, and must allow for
	 immediate staff entry. Time-out rooms may only be used as part of a behavior
	 treatment plan approved by both the human rights and behavior support
	 committees of the ICF/IID. Each use of time out may not exceed 15 minutes. The
	 ICF/IID staff shall record any use of a time-out room.
General Authority:
SDCL 27B-2-26(4).
Law Implemented:
SDCL 27B-8-54 to 27B-8-56,
		42 C.F.R. §
												483.450 (October 1,
		2002).
Behavior support committee, §
											46:17:04:14; Human rights
		committee -- Composition, §
											46:17:04:15.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:10 - Psychotropic medications

Current through Register Vol. 51, page 10, July 15, 2024
Each plan for use of psychotropic medications must identify the
	 potential harmful effect of the medications in nontechnical terms that all
	 interdisciplinary team members can understand. Dosages, prescribed by the
	 attending physician, physician's assistant, or certified nurse practitioner,
	 may not interfere with the person's daily living activities. Usage must be
	 approved by the interdisciplinary team as an integral part of the ISP. The
	 pharmacist, with input from the interdisciplinary team, shall monitor and
	 document the use of psychotropic medication at least quarterly for desired
	 responses and adverse effects.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.450 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:11 - Medical restraint - Order by physician, physician assistant, certified nurse practitioner, or dentist

Current through Register Vol. 51, page 10, July 15, 2024
A medical restraint, physical or chemical, may only be used during a
	 medical procedure, if the person's behavior cannot otherwise be controlled and
	 would interfere with procedures that are to be utilized. If a physical
	 restraint is ordered for the purpose of promoting healing or protection or
	 during the time a medical condition exists, the medical reasons for the
	 restraint, the specified time period, and the provisions for medical treatment
	 must be prescribed and documented by the attending physician, physician's
	 assistant, certified nurse practitioner, or dentist.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.450 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:12 - Physical restraints

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID may employ physical restraint only as an integral part of
	 an ISP that is intended to lead to less restrictive means of managing and
	 eliminating the behavior for which the restraint is applied, or as an emergency
	 measure, but only if necessary to protect the person supported or others from
	 injury.
Any authorization to use or extend restraints as an emergency must be
	 in effect no longer than 12 consecutive hours and obtained as soon as the
	 person is restrained. The ICF/IID may not issue orders for restraint on a
	 standing or as needed basis.
Any person placed in restraint must be checked at least every 30
	 minutes or more frequently, as prescribed by the approved behavior treatment
	 plan, by staff trained in the use of restraints, and released from the
	 restraint as quickly as possible. Staff shall make a record of these checks and
	 usage of the restraints.
Restraints must be designed and used so as not to cause physical injury
	 to the person and so as to cause the least possible discomfort. If the person's
	 range of motion is affected, the person shall be given an opportunity for
	 motion and exercise for a period of not less than ten minutes within each two
	 hour period in which the restraint is employed, and a record of such activity
	 must be kept.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
SDCL 27B-8-55,
		42 C.F.R. §
												483.450 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:13 - Management of maladaptive behaviors

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall specify all behaviors and approved plans on a
	 hierarchy from most positive to most restrictive. Prior to the development and
	 implementation of a behavior treatment plan, records of maladaptive behaviors
	 shall be maintained. These records shall document a functional assessment of
	 behavior and the frequency and duration of the behavior.
The ISP of a person supported who exhibits maladaptive behavior must
	 include provisions to teach the person the circumstances, if any, under which
	 the behavior can be exhibited adaptively; to teach the person how to channel
	 the behavior into similar but adaptive expressions; or to replace the behavior
	 with behavior that is adaptive. Prior to the use of more restrictive
	 procedures, the person's record must document that strategies incorporating the
	 use of less restrictive procedures have been tried systematically and
	 demonstrated to be ineffective.
Highly restrictive procedures may be used only in conjunction with
	 positive behavioral procedures.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
SDCL 27B-8-54 to 27B-8-56,
		42 C.F.R. §
												483.450 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:14 - Behavior support committee

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall have a behavior support committee whose members are
	 appointed by the administrator of the ICF/IID. The behavior support committee
	 shall review the technical adequacy of all behavior treatment plans and approve
	 any plan deemed clinically appropriate.
The behavior support committee shall be composed of psychologists,
	 behavior therapists, and managers with experience or training regarding
	 behavior supports and qualified to evaluate proposals for the use of highly
	 restrictive behavior procedures.
The committee shall function as a safeguard against inhumane treatment
	 and violation of the person's rights and assure the plan is clinically
	 appropriate.
General Authority:
SDCL 27B-2-26(4).
Law Implemented:
SDCL 27B-8-50,
		42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:15 - Human rights committee - Composition

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall have a human rights committee with a minimum of five
	 members. The human rights committee shall be composed of qualified persons who
	 have either experience or training in current practices to change inappropriate
	 behavior of a person supported and others who have no ownership or controlling
	 interest in the ICF/IID. Specific members for the committee must be selected
	 from the personnel of the ICF/IID from positions deemed appropriate by the
	 administrator and include at least one member who has training or experience
	 with issues and decisions regarding human rights. At least one member of the
	 committee must be a member of the community and not employed by the
	 ICF/IID.
General Authority:
SDCL 27B-2-26(4).
Law Implemented:
42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:16 - Human rights committee - Functions

Current through Register Vol. 51, page 10, July 15, 2024
The functions of the human rights committee for the person supported
	 are as follows:
(1) Review, approve or
  disapprove, and monitor any behavior treatment plan designed to manage
  maladaptive behavior that involves limitations;
(2) Review any behavior treatment plan at
  least annually or sooner as deemed appropriate by the committee;
(3) Review and monitor limitations on a
  person's movement, any other potential limitation on human rights, including
  involuntary medication, limitation of privileges, and limitations on the use of
  a person's funds and other possessions;
(4) Ensure any behavior treatment plan to
  manage maladaptive behavior is employed with sufficient safeguards and
  supervision to ensure the safety, welfare, and civil and human rights of the
  person are protected and not infringed upon for the convenience of staff,
  relatives, or the community, or as a substitute for active treatment;
(5) Ensure any behavior treatment plan is
  conducted only with the written informed consent of the person, the person's
  parent if the person is under 18 years of age, or the legal guardian, if any;
  and
(6) Review, monitor, and make
  suggestions about practices of the ICF/IID related to psychotropic medications,
  restraints, time-out rooms, highly restrictive procedures, protection of
  rights, and any other area the human rights committee believes needs to be
  addressed.
General Authority:
SDCL 27B-2-26(4).
Law Implemented:
SDCL 27B-8-54,
		42 C.F.R. §
												483.440 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:17 - Staff orientation training

Current through Register Vol. 51, page 10, July 15, 2024
Within 30 days of employment, newly-hired staff must receive an
	 orientation training program. Orientation shall include:
(1) Instruction in the ethical principles
  related to basic positive behavior supports or approaches;
(2) Definitions of abuse, neglect, and
  exploitation of persons supported;
(3) Techniques of identifying and observing
  signs of abuse, neglect, and exploitation;
(4) Procedures used in reporting,
  investigating, and documenting alleged instances of abuse, neglect,
  exploitation, or injury of unknown source;
(5) Disability awareness;
(6) The philosophy and mission of the
  ICF/IID;
(7) Emergency plans and
  procedures, including first aid; and
(8) Knowledge and understanding of the
  person's rights.
Those staff who work or are expected to work most closely with the
	 person must receive training at least annually in courses including crisis
	 intervention, behavior management, cardiopulmonary resuscitation, emergency
	 evacuation, first aid techniques, safety and sanitation, and proper lifting and
	 transferring techniques.
General Authority:
SDCL 27B-2-26(1).
Law Implemented:
SDCL 27B-2-27,
		42 C.F.R. §
												483.430 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:04 - Service standards › Section 46:17:04:18 - Communication with parents or legal guardians

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall notify the person's parent if the person supported is
	 under 18 years of age or the legal guardian, if any, of any significant
	 incidents or changes in the condition of the person including the
	 following:
(1) Serious
  illness;
(2) Serious
  accident;
(3) Death;
(4) Alleged instances of abuse or neglect;
  or
(5) Unauthorized absence.
An ICF/IID shall have written procedures defining communication between
	 the agency and the parent if the person is under 18 years of age or legal
	 guardian, if any.
General Authority:
SDCL 27B-2-26(4).
Law Implemented:
SDCL 27B-8-53 to 27B-8-56,
		42 C.F.R. §
												483.420 (c)(6) (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:05 - Health care services › Section 46:17:05:01 - Licensure

Current through Register Vol. 51, page 10, July 15, 2024
Health care service personnel providing services at the ICF/IID,
	 including physicians, physicians assistants, registered nurses, licensed
	 practical nurses, certified nurse practitioners, dieticians, occupational and
	 physical therapists, dentists, dental hygienists, pharmacists, and
	 audiologists, must have a license to practice in the State of South
	 Dakota.
General Authority:
SDCL 27B-2-26(1).
Law Implemented:
SDCL 27B-2-26(1),
		42 C.F.R. §
												483.460 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:05 - Health care services › Section 46:17:05:02 - Physician services

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall ensure the availability of physician services 24
	 hours a day. The ICF/IID shall provide or obtain preventive and general medical
	 care as well as annual physical examinations of each person supported that, at
	 a minimum, include the following:
(1)
  Evaluation of vision and hearing;
(2) Immunizations; and
(3) Tuberculosis control.
The ICF/IID may utilize physician assistants and certified nurse
	 practitioners to provide physician services. The physician, physician's
	 assistant, or certified nurse practitioner must participate in the
	 establishment of each newly-admitted person's ISP. A physician must participate
	 as part of the interdisciplinary team process, either in person or through a
	 written report to the interdisciplinary team. The physician, physician's
	 assistant, or certified nurse practitioner must develop a medical care plan of
	 treatment if the person requires 24-hour licensed nursing
	 care.
General Authority:
SDCL 27B-2-26(1).
Law Implemented:
SDCL 27B-3-17, 27B-8-39,
		42 C.F.R. §
												483.460 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:05 - Health care services › Section 46:17:05:03 - Nursing services

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID must provide any person supported with nursing services in
	 accordance with the person's needs. These services include:
(1) Participation in the interdisciplinary
  team process, as indicated by the person's needs;
(2) Development with a physician, physician's
  assistant, or certified nurse practitioner of a medical care plan of treatment
  if it has been determined by the physician, physician's assistant, or certified
  nurse practitioner that the person requires such a plan;
(3) Other nursing care as prescribed by the
  physician, physician's assistant, certified nurse practitioner, or dentist, or
  as identified by the person's needs; and
(4) Implementation with other members of the
  interdisciplinary team, of appropriate protective and preventive health
  measures that include:
(a) Training the person
  and staff in appropriate health and hygiene methods;
(b) Control of communicable diseases and
  infections; and
(c) Training staff
  in detecting signs and symptoms of illness or dysfunction, first aid for
  accidents or illness, and basic skills required to meet the person's health
  needs.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:05 - Health care services › Section 46:17:05:04 - Dental services

Current through Register Vol. 51, page 10, July 15, 2024
The ICF/IID shall provide or make arrangements for comprehensive
	 diagnostic and treatment services for each person supported from qualified
	 personnel, including licensed dentists and dental hygienists.
A complete oral examination using all diagnostic aids to evaluate mouth
	 health must be completed within 30 days for each newly-admitted person.
If appropriate, dental professionals must participate in the
	 development, review, and update of an ISP as part of the interdisciplinary
	 process, either in person or through written report, to the interdisciplinary
	 team.
The ICF/IID must provide education and training in the maintenance of
	 oral health and ensure comprehensive dental treatment services that
	 include:
(1) Periodic examination and
  diagnosis performed at least annually;
(2) The availability for emergency dental
  treatment on a 24-hour-a-day basis by a licensed dentist; and
(3) Dental care needed for relief of pain and
  infections, restoration of teeth, and maintenance of dental health.
The ICF/IID must keep a permanent dental record for each
	 person.
General Authority:
SDCL 27B-2-26(1).
Law Implemented:
SDCL 27B-8-39,
		42 C.F.R. §
												483.460 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:05 - Health care services › Section 46:17:05:05 - Pharmacy services

Current through Register Vol. 51, page 10, July 15, 2024
All medications must be labeled according to current pharmacological
	 practices, including precautionary and accessory instruction. Outdated drugs or
	 those with worn labels or those that have been discontinued by a physician,
	 physician assistant, or certified nurse practitioner must be removed from the
	 medication supply of the person supported. The ICF/IID shall provide or make
	 arrangements for the provision of routine and emergency medication to any
	 person it serves. A pharmacist, with input from the interdisciplinary team,
	 shall review the drug regimen of each person at least quarterly, report any
	 irregularities in the person's drug regimens, and prepare a record of the drug
	 regimen for each person, which the ICF/IID shall maintain.
An individual medication administration record must be maintained for
	 each person. As appropriate, the pharmacist shall participate in each person's
	 support plan, either in person or through a written report to the
	 interdisciplinary team.
The ICF/IID shall have an organized system for drug administration that
	 identifies each drug up to the point of administration. The system must assure
	 compliance with SDCL chapter 36-11. This system must also address drug
	 administration errors, reporting process, and correction procedures.
Those staff administering medications must have completed an approved
	 medication administration course. All medication must be administered in
	 compliance with the physician's, physician assistant's, certified nurse
	 practitioner's, or dentist's orders.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.460 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:05 - Health care services › Section 46:17:05:06 - Dietary services

Current through Register Vol. 51, page 10, July 15, 2024
Foods must be served in appropriate quantity, at appropriate times, in
	 consistency appropriate with the dietary needs of the person supported and with
	 appropriate utensils. The menus must provide a variety of foods and be
	 different for each week and for seasonal changes. Each person must be served in
	 a dining area adequately staffed to ensure that each person receives assistance
	 necessary to consume the meal.
A qualified dietitian must be employed full-time, part-time, or on a
	 consultant basis. If a qualified dietitian is not employed full-time then a
	 director of food services must be designated.
General Authority:
SDCL 27B-2-26(3).
Law Implemented:
42 C.F.R. §
												483.460 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Advocate," any individual designated by
  a person supported to support that person by speaking or acting on the person's
  behalf.
General Authority:
SDCL
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:02 - Scope

Current through Register Vol. 51, page 10, July 15, 2024
Each section in this article applies to a private
	 ICF/IID.
General Authority:
SDCL
		27B-2-26(1)(2)(3)(4)(5)(9)(10).
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4)(5)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:03 - On-site review and inspection

Current through Register Vol. 51, page 10, July 15, 2024
At least two members of the utilization review team must conduct an
	 annual on-site utilization review and inspection of the care and supports
	 received by a minimum of five percent of the persons supported. The purpose of
	 the utilization review is to determine whether the supports provided meet the
	 person's health needs and promote the person's physical, mental, and
	 psychosocial functioning.
General Authority:
SDCL
		27B-2-26(1)(2)(3)(4).
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:04 - Occupancy of homes used by persons supported

Current through Register Vol. 51, page 10, July 15, 2024
No more than eight persons may reside in any one home managed by an
	 ICF/IID receiving initial approval after January 1, 2011. Each home must
	 consist of single occupancy bedrooms.
General Authority:
SDCL
		27B-2-26(2)(4)(10).
Law Implemented:
SDCL
		27B-2-26(2)(4)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:05 - Division visits

Current through Register Vol. 51, page 10, July 15, 2024
The division may review an ICF/IID at any given time without prior
	 notice for the purposes of verifying compliance with this article and chapter
	 67:54:03. The ICF/IID must grant the division access to any facility, activity,
	 and record necessary to determine compliance.
General Authority:
SDCL
		27B-2-26(1)(2)(3)(4)(5)(9)(10).
Law Implemented:
SDCL
		27B-2-26(1)(2)(3)(4)(5)(9)(10).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:06 - Inventory for client and agency planning (ICAP)

Current through Register Vol. 51, page 10, July 15, 2024
To determine the level of a person's functional limitations, an ICF/IID
	 must submit a completed ICAP to the division, using the ICAP Compuscore
	 software. The division must receive this data within 11 months following the
	 annual on-site review and inspection. For a person's record to be valid, the
	 evaluation date may not be more than 13 months old.
No deficit exists if the following criteria are met:
(1) Self care: The personal living skills
  domain score exceeds the age-related criterion in Appendix A at the end of this
  chapter and, for persons over four years of age, the person has no arm/hand
  limitations in daily activities (ICAP item C8=1);
(2) Language: The social and communication
  skills domain score exceeds the age-related criterion in Appendix A at the end
  of this chapter and, for persons over four years of age, the person speaks
  (ICAP item A7=3);
(3)
  Learning/cognition: The person does not have an intellectual disability (ICAP
  item C1=1);
(4) Mobility: The
  person walks (ICAP item C9=1) and, for persons over four years of age, no
  mobility assistance is needed (ICAP item C10=1);
(5) Self-direction: The general maladaptive
  index is in the normal range (ICAP, GM1>-11), the person's community living
  skills domain score exceeds the age-related criterion in Appendix A at the end
  of this chapter, and there is no psychiatric diagnosis (neither ICAP items B11
  nor B12 checked;
(6) Independent
  living: The person's community living skills domain score exceeds the
  age-related criterion in Appendix A at the end of this chapter and, for persons
  18 years of age and older, the recommended residential placement is
  "independent in own home or rental unit" (ICAP, page 10, F2=3); and
(7) Economic self-sufficiency: The person's
  recommended daytime program (ICAP item G2) is "competitive employment."
A substantial deficit is present if the preceding criteria are not
	 met.
Editor's Note:
Appendix A was omitted when this rule was
		promulgated. It will be added at a later
		date.
General Authority:
SDCL
		27B-2-26(2).
Law Implemented:
SDCL
		27B-2-26(2).
Compuscore for the ICAP
, Bradley K. Hill, 1999,
		Riverside Publishing Company, 3800 Golf Rd, Ste. 100, Rolling Meadows, IL
		60008; cost $334.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:07 - Rights

Current through Register Vol. 51, page 10, July 15, 2024
Any person supported has rights guaranteed pursuant to §
									46:17:02:01 and this
	 section:
(1) To be able to communicate
  in the primary language or primary mode of communication of the
  person;
(2) To be able to refuse or
  discontinue services;
(3) To have
  access to, read, and challenge any information contained in the person's record
  compiled by the ICF/IID; and
(4) To
  have access to an advocate as defined in subdivision 46:17:06:01(1) or an
  employee of the state's designated protection and advocacy system.
The private ICF/IID shall provide the person supported a document
	 describing the person's rights in an accessible format and if necessary shall
	 provide training on those rights.
General Authority:
SDCL 27B-2-26(4).
Law Implemented:
SDCL 27B-2-26(4),
		42 C.F.R. §
												483.420 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:08 - Rights limitations - Due process

Current through Register Vol. 51, page 10, July 15, 2024
The rights of the person supported may only be limited to protect the
	 person 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
	 person.
The person, the parent if the person is under 18 years of age, or the
	 guardian or advocate, if any, shall be notified of the grievance procedure and
	 right to appeal any rights limitation.
General Authority:
SDCL 27B-2-26(3)(4).
Law Implemented:
SDCL 27B-2-26(3)(4),
		42 C.F.R. §
												483.420 (October 1,
		2002).
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:17 - ICF/MR › Chapter 46:17:06 - Private ICF/IID › Section 46:17:06:09 - Restoration plans

Current through Register Vol. 51, page 10, July 15, 2024
Restoration plans shall be developed and implemented if the need for
	 limiting the rights of the person supported is identified. The person's
	 interdisciplinary team shall develop a plan which shall include how the right
	 will be restored in part or in whole. The plan shall be reviewed at least
	 annually by the person or the parent, if the person is under the age of 18, or
	 the guardian, if any, and by the human rights committee.
A restoration plan shall describe the right that will be restored and
	 shall be individualized, outcome-based, attainable, measurable, and
	 time-limited. The person or the parent or guardian of the person shall be
	 provided with the procedure for requesting the elimination of the rights
	 limitation prior to the review date as specified in the plan.
General Authority:
SDCL
		27B-2-26(3)(4).
Law Implemented:
SDCL
		27B-2-26(3)(4).