reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:02 - Required certificate of airworthiness

Current through Register Vol. 51, page 10, July 15, 2024
An air ambulance must have a certificate of airworthiness
				  from the FAA which is maintained current by compliance with all required FAA
				  inspections, as defined by FAA regulations in 14 C.F.R. Part 135
				  (2007).
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:03 - Securing of equipment

Current through Register Vol. 51, page 10, July 15, 2024
All equipment and materials used in an air ambulance must be
				  secured in accordance with 14 C.F.R. §
										25.561
				  (2007).
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:04 - Stretcher security

Current through Register Vol. 51, page 10, July 15, 2024
An air ambulance must provide stretcher security and patient
				  restraint in accordance with 14 C.F.R. §
										25.785 (2007) and
				  14 C.F.R. §
										25.561 (2007).
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:05 - Aircraft doors

Current through Register Vol. 51, page 10, July 15, 2024
Aircraft doors must accommodate passage of a patient lying on
				  a stretcher with no more than 30 degrees rotation or 45 degrees
				  pitch.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:06 - Interior height requirements

Current through Register Vol. 51, page 10, July 15, 2024
At least 30 inches of vertical space must exist above the
				  stretcher in the area of the patient's upper torso.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:07 - Required lighting

Current through Register Vol. 51, page 10, July 15, 2024
Cabin lighting must be available in the patient area to
				  afford observation by medical personnel. Fixed or portable lamps may be used to
				  comply with this section. Lighting must be shielded from the pilot so as not to
				  interfere with the operation of the aircraft.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:08 - Required portable lights

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the lighting requirements in §
									44:05:05:07, an air ambulance must
				  carry an additional portable battery-operated light maintained in good working
				  condition for patient care.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:09

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:10 - Medical director required

Current through Register Vol. 51, page 10, July 15, 2024
An air ambulance must have the services of a medical director
				  who is a currently licensed physician in this state.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
Physicians and surgeons, SDCL 36-4, art
					 20:47.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:11 - Attendant training required

Current through Register Vol. 51, page 10, July 15, 2024
Each air ambulance transport must have two licensed
				  attendants, Air ambulances shall staff at minimum one paramedic and one
				  registered nurse on all transports.
A physician, nurse practitioner, physician assistant or
				  registered respiratory therapist who is currently licensed in South Dakota may
				  replace one or both attendants on any air ambulance transport with the written
				  approval of the medical director of the air ambulance
				  service.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
Advanced life support personnel SDCL 36-4B, art
					 20:61.
Physicians and surgeons, SDCL 36-4. art 20:47.
Physician assistants, SDCL 36-4A, art 20:52.
Registered and practical nurses, SDCL 36-9, art
					 20:48.
Nurse practitioners and midwives, SDCL 36-9A, art
					 20:62.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:12 - Required medical equipment

Current through Register Vol. 51, page 10, July 15, 2024
All required medical equipment must be configured and
				  supplied for the patient being transported regardless of the patient's age.
				  Required medical equipment for an air ambulance is:
(1) A patient litter or stretcher;
(2) One stethoscope;
(3) A sphygmomanometer with adult, child, and
				infant cuffs;
(4) Manual
				suction;
(5) One set of
				oropharyngeal airways, including six sizes from infant through adult;
(6) One set of nasopharyngeal
				airways;
(7) A basic oxygen
				administration system, including a protective pressure gauge, a
				nongravity-dependent flow meter, a delivery tube, an oxygen mask, and a nasal
				cannula. The unit must be capable of achieving an oxygen delivery flow rate of
				at least 15 liters a minute for 30 minutes;
(8) A primary suction aspirator capable of
				providing a free air flow of at least 20 liters a minute and achieving a
				minimum of 30# millimeters of mercury" vacuum within four seconds after
				clamping the suction tube;
(9)
				Mouth-to-mask artificial ventilation devices, suitable for use on infant
				through adult patients, with a supplemental oxygen inlet port; i.e., pocket
				mask. This may be replaced with adult and child bag-valve-masks; and
(10) Two intravenous (IV) bottle or bag
				holders and straps to prevent movement during transport; and
(11) G.D Endotracheal intubation equipment
				and supplies;
(12) Cardiac
				monitoring equipment;
(13)
				Defibrillation equipment;
(14)
				Air-to-medical facility radio communications;
(15) A portable drug container that includes
				drugs that have been ordered by the medical director of the air ambulance
				service; and
(16) IV
				equipment.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:13 - Equipment storage

Current through Register Vol. 51, page 10, July 15, 2024
Required equipment for an air ambulance service may be stored
				  separately from the aircraft in modular prepackaged form.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:14 - Trip reports required

Current through Register Vol. 51, page 10, July 15, 2024
Each response by a licensed air ambulance must be recorded
				  on a patient care report form approved by the department. Completed patient
				  care reports shall be submitted to the department on a monthly basis. All
				  licensed air ambulances shall keep either an electronic or paper copy of each
				  patient care report on file for a minimum of seven years, or in the case of a
				  minor, until they are 21 years of age.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:15 - Electrical power minimums

Current through Register Vol. 51, page 10, July 15, 2024
Each advanced life support air ambulance must have an
				  inverter with power for medical use that is rated at a minimum of 300
				  watts.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:16 - Inverter requirements

Current through Register Vol. 51, page 10, July 15, 2024
All inverters used must be sine wave inverters compatible
				  with and able to supply electrical needs for all on-board medical
				  equipment.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:17 - Length of licensing period

Current through Register Vol. 51, page 10, July 15, 2024
The licensing period for air ambulance services is two years,
				  beginning July 1 of all even-numbered years and ending June 30 of the next
				  even-numbered year.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:18 - Permit display

Current through Register Vol. 51, page 10, July 15, 2024
Permit decals must be affixed on the exterior of the aircraft
				  near the cabin door or inside the aircraft window.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:19 - Required inspection

Current through Register Vol. 51, page 10, July 15, 2024
The department shall inspect all air ambulances at least once
				  each licensing period.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:20 - Ground ambulance component for air ambulance service

Current through Register Vol. 51, page 10, July 15, 2024
A licensed air ambulance service may operate a ground
				  ambulance component as part of its service if the ground ambulance component is
				  used solely to transport the licensee's patients. The ground component may
				  transport patients in either of the following ways:
(1) From an acute care hospital facility to
				an airport located where the licensee maintains its ordinary and usual place of
				business; or
(2) From an airport
				located in the area where the licensee maintains its ordinary and usual place
				of business to an acute care hospital facility.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:21 - Vehicle requirements for ground ambulance component

Current through Register Vol. 51, page 10, July 15, 2024
A ground ambulance component used by an air ambulance service
				  must meet all vehicle requirements in chapter 44:05:04. However, a ground
				  ambulance component of an air ambulance service is not subject to any municipal
				  or ambulance authority licensure requirements.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:05 - Air ambulances › Section 44:05:05:22 - Personnel requirements for ground ambulance component

Current through Register Vol. 51, page 10, July 15, 2024
Personnel on ground ambulance component transports must meet
				  all requirements in chapter 44:05:03.
General Authority:
SDCL
					 34-11-5.
Law Implemented:
SDCL
					 34-11-5.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:01 - Standard form may be used

Current through Register Vol. 51, page 10, July 15, 2024
If a person wishes to direct emergency medical service
				  personnel to withhold resuscitation attempts when the person is in
				  cardiopulmonary arrest, the person may complete a standard form for an EMS
				  cardiopulmonary resuscitation directive as provided by this chapter. The
				  department shall provide the standard form to physicians, physician assistants,
				  and nurse practitioners.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:02 - Contents of standard form

Current through Register Vol. 51, page 10, July 15, 2024
The standard form for an EMS cardiopulmonary resuscitation
				  directive shall include the following information concerning the person who is
				  the subject of the EMS cardiopulmonary resuscitation directive:
(1) The person's name, date of birth, and
				gender;
(2) The person's eye and
				hair color;
(3) The person's race
				or ethnic background;
(4) If
				applicable, the name of the hospice program in which the person is
				enrolled;
(5) The name, address,
				telephone number, and signature of the person's attending physician, physician
				assistant, or nurse practitioner;
(6) The person's signature or mark, or, if
				applicable, the signature of a person authorized to execute an EMS
				cardiopulmonary resuscitation directive;
(7) The date on which the EMS cardiopulmonary
				resuscitation directive was signed; and
(8) A statement directing emergency medical
				service personnel to withhold cardiopulmonary resuscitation attempts.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:03 - Disposition of form

Current through Register Vol. 51, page 10, July 15, 2024
The standard form shall be in triplicate and be distributed
				  as follows:
(1) The original shall be
				kept by the person named on the form;
(2) The first copy shall be maintained by the
				physician, physician assistant, or nurse practitioner signing the form;
				and
(3) The second copy shall be
				mailed to the department by the physician, physician assistant, or nurse
				practitioner signing the form.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:04 - Optional bracelet may be purchased

Current through Register Vol. 51, page 10, July 15, 2024
Any person with a standard form for an EMS cardiopulmonary
				  resuscitation directive completed pursuant to this chapter may purchase a
				  bracelet from the department indicating the person has completed an EMS
				  cardiopulmonary resuscitation directive pursuant to this
				  chapter.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:05 - Identification of persons with a standard form for an EMS cardiopulmonary resuscitation directive

Current through Register Vol. 51, page 10, July 15, 2024
Emergency medical service personnel shall recognize that a
				  person has executed an EMS cardiopulmonary resuscitation directive pursuant to
				  this chapter if:
(1) The personnel are
				presented with the standard form completed pursuant to this chapter;
				or
(2) The person is wearing a
				bracelet issued as provided by this chapter.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:06 - Procedures to be withheld on a person in cardiac arrest with an apparently valid standard form or bracelet

Current through Register Vol. 51, page 10, July 15, 2024
If a person with an apparently valid standard form for an EMS
				  cardiopulmonary resuscitation directive or bracelet as provided by this chapter
				  goes into cardiac or respiratory arrest, emergency medical service personnel
				  shall withhold, or, if already begun, immediately withdraw the following
				  resuscitation measures:
(1) Chest
				compressions;
(2)
				Defibrillation;
(3) Advanced airway
				procedures;
(4) Assisted breathing;
				or
(5) Administration of
				resuscitation medications.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:07 - Procedures to be withheld on a person with an apparently valid standard form or bracelet and not in cardiac arrest

Current through Register Vol. 51, page 10, July 15, 2024
If a person with an apparently valid standard form for an EMS
				  cardiopulmonary resuscitation directive or bracelet as provided in this chapter
				  is dying in the natural course of an illness or disease but has not gone into
				  cardiac arrest, emergency medical service personnel shall withhold, or, if
				  already begun, immediately withdraw the following resuscitation
				  measures:
(1) Advanced airway
				procedures;
(2) Cardiac
				medications; and
(3) Assisted
				breathing.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:08 - Procedures allowed on a person with an apparently valid standard form or bracelet and not in cardiac arrest

Current through Register Vol. 51, page 10, July 15, 2024
If a person with an apparently valid standard form for an EMS
				  cardiopulmonary resuscitation directive or bracelet as provided by this chapter
				  is dying in the natural course of illness or disease but has not gone into
				  cardiac arrest, emergency medical service personnel may perform the following
				  measures:
(1) Assist with maintaining
				an open airway, including suctioning;
(2) Administer oxygen;
(3) Administer pain medications (if
				authorized by a physician);
(4)
				Control bleeding; and
(5) Provide
				comfort care and emotional support to both patient and family.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:09 - Notice of revocation of an EMS cardiopulmonary resuscitation directive

Current through Register Vol. 51, page 10, July 15, 2024
If an EMS cardiopulmonary resuscitation directive as provided
				  by this chapter is revoked pursuant to SDCL
				  34-12F-8, the person revoking the
				  directive shall notify, in writing, the department, the attending physician,
				  physician assistant, or nurse practitioner, and any emergency medical response
				  agency who has actual knowledge of the EMS cardiopulmonary resuscitation
				  directive.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:10 - Absence of an EMS cardiopulmonary resuscitation directive

Current through Register Vol. 51, page 10, July 15, 2024
In the absence of any valid EMS cardiopulmonary resuscitation
				  directive, emergency medical service personnel shall presume a person's consent
				  to cardiopulmonary resuscitation.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:05 - Ambulance Operation › Chapter 44:05:06 - EMS CARDIOPULMONARY RESUSCITATION DIRECTIVES › Section 44:05:06:11 - Non-standard form cardiopulmonary resuscitation directive

Current through Register Vol. 51, page 10, July 15, 2024
Any competent adult may execute a cardiopulmonary
				  resuscitation directive by other than the standard form for an EMS
				  cardiopulmonary resuscitation directive. If emergency medical services
				  personnel are presented with such a directive, the personnel may comply with
				  the directive to the best of their understanding of it and their ability to do
				  so, consistent with their training, the protocols under which their agency
				  operates, and any medical direction received.
General Authority:
SDCL
					 34-12F-3.
Law Implemented:
SDCL
					 34-12F-3.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:01 - General operation › Section 44:06:01:01 - Program scope

Current through Register Vol. 51, page 10, July 15, 2024
The CSHS program, through federal and state moneys, provides
				  care coordination services, diagnostic and consultation clinics, and financial
				  assistance for travel reimbursement and specified procedures and treatment for
				  those who qualify under this chapter.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:01 - General operation › Section 44:06:01:05 - Diagnostic and consultation clinics

Current through Register Vol. 51, page 10, July 15, 2024
The CSHS program shall provide scheduled and announced
				  diagnostic and consultation clinics at designated locations within the state
				  based on need, availability of the needed pediatric specialists, and available
				  resources.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:01 - General operation › Section 44:06:01:06 - Right to administrative review and fair hearing

Current through Register Vol. 51, page 10, July 15, 2024
An applicant for or recipient of CSHS who is aggrieved by an
				  action taken with regard to the furnishing or denial of such services may
				  appeal under the provisions of chapter 1-26 as a contested
				  case.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:01 - General operation › Section 44:06:01:07 - Confidentiality

Current through Register Vol. 51, page 10, July 15, 2024
All records and information concerning individuals are
				  confidential and may not be divulged to anyone without the consent of the
				  individual, parent, or legal guardian. However, the CSHS program may release
				  records if required by state law, for the purposes of a medical study if an
				  individual's identity will not be published, if it is necessary to provide care
				  for the individual, or if it is necessary for the protection of the community.
				  The CSHS program may release statistical information.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:01 - General operation › Section 44:06:01:08 - Termination of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Eligibility for the CSHS program ends if any of the following
				  conditions exists:
(1) The client
				reaches the twenty-first birthday;
(2) The client is no longer a resident of the
				state;
(3) The client does not have
				a chronic medical condition covered by CSHS; or
(4) The income of the client's family or
				legal guardian, responsible for the client's care, exceeds the federal poverty
				guidelines specified in §
									44:06:04:01.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:01 - General operation › Section 44:06:01:09 - Referrals

Current through Register Vol. 51, page 10, July 15, 2024
Referrals to the program may be made by
				  anyone.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:02 - Eligibility requirements › Section 44:06:02:02 - Eligibility for the CSHS program

Current through Register Vol. 51, page 10, July 15, 2024
All of the following criteria must be met before individuals
				  can be determined eligible for the CSHS program:
(1) The client is a resident of South
				Dakota;
(2) The client is under age
				21;
(3) The client's chronic
				medical condition is coverable by CSHS; and
(4) The income of the client's family or
				legal guardian, responsible for the client's care, is below the federal poverty
				guidelines specified in §
									44:06:04:01.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:02 - Eligibility requirements › Section 44:06:02:04 - Financial assistance eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
Before any services may be authorized or financial assistance
				  provided, a written application must be submitted to the CSHS program by the
				  parent or legal guardian of the child seeking assistance using forms and
				  process designated by CSHS. Specific information required to determine
				  eligibility for financial assistance is child's chronic medical condition,
				  proof of family income as listed on the most recent tax return or proof of
				  current monthly income, and family size. Reapplication is required yearly or
				  upon a change in family financial status or family size.
Applicants for CSHS financial assistance must apply for
				  benefits from other programs for which they may be eligible. The CSHS program
				  may pay only after it has been determined the applicant is not eligible for
				  other programs. The CSHS program shall review all applications for possible
				  eligibility for other programs and shall make applicable
				  referrals.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:02 - Eligibility requirements › Section 44:06:02:05 - Financial assistance authorized services requirements

Current through Register Vol. 51, page 10, July 15, 2024
The CSHS program shall provide written notice to authorize
				  financial assistance for specified procedures and treatment. All services must
				  be preauthorized. The authorization must outline the services covered, the time
				  period of coverage, and the family's financial responsibility toward the
				  service authorized. In an emergency, CSHS may give an oral authorization, but
				  the parent or legal guardian of the child must notify CSHS within five working
				  days of the emergency services.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
Eligibility for diagnostic and consultation clinics,
					 §
											44:06:02:02; Financial eligibility
					 -- Schedule of discounts, §
											44:06:04:01.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:02 - Eligibility requirements › Section 44:06:02:06 - Treatment services financially covered

Current through Register Vol. 51, page 10, July 15, 2024
The department may provide financial assistance through CSHS
				  only for preauthorized medical and surgical services for the treatment of the
				  eligible condition and for the preservation of the benefits derived from the
				  treatment. To receive treatment services, the child shall be medically eligible
				  for CSHS pursuant to §§
									44:06:02:04 and
				  44:06:01:08 and the child's family
				  shall meet the financial eligibility specified in §
									44:06:04:01.
Services covered under this article must be medically
				  necessary. To be medically necessary, the covered services must meet the
				  following conditions:
(1) It is
				consistent with the child's symptoms, diagnosis, or condition; and
(2) It is recognized as the prevailing
				standard and is consistent with generally accepted professional medical
				standards of the provider's peer group.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:03 - Providers › Section 44:06:03:01 - Standards for and approval of providers

Current through Register Vol. 51, page 10, July 15, 2024
All providers of CSHS authorized services must be
				  participating providers with CSHS. Physicians and other CSHS providers must be
				  licensed by their respective licensing authority.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:03 - Providers › Section 44:06:03:02 - Out-of-state care

Current through Register Vol. 51, page 10, July 15, 2024
Out-of-state care that meets the standards of §
									44:06:03:01 may be permitted if
				  the following conditions are met:
(1)
				Service of comparable quality is not available within the state; or
(2) The individual is in the middle of
				complex care that was initiated before the development of the in-state service
				or application to CSHS.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:03 - Providers › Section 44:06:03:04 - Provider reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
The CSHS program shall pay providers for authorized services
				  rendered according to the following:
(1) If CSHS is the primary payer for
				physician, laboratory, radiology, and pharmacy services, the reimbursement
				shall be at the Medicaid (Title XIX) reimbursement rates in Appendix A, B, C,
				or D to chapters 67:16:02 and 67:16:14;
(2) If CSHS is the primary payer for
				inpatient or outpatient hospitalizations, the reimbursement shall be at
				sixty-eight percent of allowable billed charges; or
(3) If CSHS is the secondary payer the
				reimbursement shall be the family copay amount; or the balance after any
				insurance or health plan payment is first deducted from the provider's
				bill.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:03 - Providers › Section 44:06:03:05 - Acceptance of payment

Current through Register Vol. 51, page 10, July 15, 2024
By the acceptance of a payment made by the CSHS program, a
				  provider agrees to accept the CSHS amount allowable as payment in full for
				  services rendered.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
Code Commission Note:
Appendix A to §
											44:06:03:04, published separately,
					 and Appendixes B, C, and D to §
											44:06:03:04 were repealed by 14
					 SDR 182, effective July 11, 1988.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:04 - Family financial participation › Section 44:06:04:01 - Financial eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A client is eligible to receive financial assistance from the
				  CSHS program if the income of the client's family or legal guardian,
				  responsible for the client's care, is below 250 percent of the federal poverty
				  guidelines established in 74 Fed. Reg. 4199-4201 (January 23,
				  2009).
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
Financial assistance authorized services requirements,
					 §
											44:06:02:05.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:04 - Family financial participation › Section 44:06:04:04 - Mileage reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
A financially eligible family, as determined pursuant to
				  §
									44:06:04:01 is eligible to receive
				  mileage reimbursement from the CSHS program. Mileage reimbursement is
				  calculated based on map miles from the family's city of residence to the city
				  where medical services were provided, at state rates determined pursuant to
				  SDCL 3-9-1, and upon meeting the
				  following criteria:
(1) The mileage
				was incurred transporting the eligible client to or from medically necessary
				services covered by §
									44:06:02:06 or both; and
(2) The mileage was incurred at least ten
				miles outside the city limits of the family's residence, as listed on the
				family's mailing address.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:05 - Claims › Section 44:06:05:01 - Billing procedures

Current through Register Vol. 51, page 10, July 15, 2024
The CSHS program shall pay the provider for authorized
				  services rendered after receiving pertinent billing information as
				  follows:
(1) A completed standardized
				billing form received within one year from the service date; and
(2) An insurance deduction or rejection shown
				on the billing form with an attached explanation of benefits from the insurance
				plan, or if a prescription drug claim, a completed CSHS prescription drug claim
				form allowing the pharmacy to bill CSHS without an explanation of benefits
				form.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:05 - Claims › Section 44:06:05:02 - Third-party sources

Current through Register Vol. 51, page 10, July 15, 2024
Claims for services payable by third-party sources must be
				  initiated by providers. The CSHS program shall apply payments from third-party
				  sources toward the cost of services rendered.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:05 - Claims › Section 44:06:05:03 - Maximum allowed for financial assistance

Current through Register Vol. 51, page 10, July 15, 2024
An eligible client is allowed a maximum of $20,000 each state
				  fiscal year for preauthorized services related to the client's coverable
				  chronic medical condition.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:06 - Scope of benefits › Section 44:06:06:01 - Chronic medical conditions covered

Current through Register Vol. 51, page 10, July 15, 2024
Chronic medical conditions which may be covered for an
				  eligible individual include the following:
(1) Genetics:
(a) Multiple anomaly syndromes;
(b) Genetic conditions; and
(c) Chromosomal disorders;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:06 - Scope of benefits › Section 44:06:06:03 - Diagnostic and consultation services covered

Current through Register Vol. 51, page 10, July 15, 2024
Diagnostic and consultation services coverable through CSHS
				  include those scientific medical methods necessary to establish the cause and
				  nature of a child's chronic medical condition by use of a medical examination
				  and tests to determine a definitive diagnosis and possible
				  treatment.
General Authority:
SDCL
					 34-1-21.
Law Implemented:
SDCL
					 34-1-21.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:06 - Children's special health services › Chapter 44:06:06 - Scope of benefits › Section 44:06:06:07 - Services and conditions not covered

Current through Register Vol. 51, page 10, July 15, 2024
Services and conditions not covered under the CSHS program
				  include the following:
(1) Doctor
				visits for routine care unless recommended by the specialist in
				charge;
(2) Routine dental care,
				except for that requested by an orthodontist for a child with a cleft
				palate;
(3) Surgical procedures
				with any associated hospitalizations except upon individual case
				review;
(4) Cosmetic surgery except
				upon individual case review for cleft lip or palate or both;
(5) Acute accidents or illnesses;
(6) Vocational rehabilitation;
(7) Special education;
(8) Appliance repairs;
(9) Room and board;
(10) Ambulance charges;
(11) Supplies and appliances as follows:
(a) Artificial eyes;
(b) Catheters except for renal
				disorders;
(c) Contact lenses
				except upon individual case review for congenital cataracts;
(d) Crutches;
(e) Over-the-counter drugs and medications,
				except upon individual case review;
(f) Glasses;
(g) Hearing aids, except upon individual
				review;
(h)
				Immunizations;
(i) Kidney dialysis
				machines;
(j) Prosthesis, except
				upon individual review;
(k)
				Shoes;
(l) Special beds;
(m) Speech appliances except for
				obturators;
(n) Walkers;
(o) Wheelchairs; and
(p) Dietary supplements, except upon
				individual case review;
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:01 - Vital record registration › Section 44:09:01:05 - Requirements for preparation of vital records

Current through Register Vol. 51, page 10, July 15, 2024
Unless otherwise directed by the secretary of health, a vital
				  record is not complete and correct and acceptable for registration unless it is
				  prepared on the applicable form and meets the following requirements:
(1) It supplies all items of information
				called for or their omission is accounted for;
(2) It contains no alterations or
				erasures;
(3) It contains the
				required signatures;
(4) It is not
				marked "copy" or "duplicate";
(5)
				It is the original;
(6) It contains
				no improper or inconsistent data; and
(7) If the record is a certificate of death,
				it contains a definite cause of death, not just symptoms of disease or
				conditions resulting from disease or injury.
General Authority:
SDCL
					 34-25-44.
Law Implemented:
SDCL
					 34-25-43 to
					 34-25-45.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:03 - Who may request delayed birth certificate

Current through Register Vol. 51, page 10, July 15, 2024
Any person born in this state whose birth is not recorded or
				  the person's parent, guardian, or legal representative may request the
				  registration of a delayed certificate of birth from the Department of
				  Health.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:04 - Delayed birth certificate form

Current through Register Vol. 51, page 10, July 15, 2024
Any birth registered pursuant to SDCL
				  34-25-42 shall be on a delayed
				  birth certificate form prescribed by the Department of
				  Health.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:05 - Facts to be established for delayed birth certificate

Current through Register Vol. 51, page 10, July 15, 2024
The minimum facts for a delayed birth certificate that must
				  be established by documentary evidence are the following:
(1) The full name of the person at the time
				of birth;
(2) The month, day, and
				year of birth;
(3) The state where
				the birth occurred;
(4) The full
				maiden name of the mother; and
(5)
				The full name of the father. However, if the mother was not married either at
				the time of conception or birth, the name of the father may not be entered on
				the delayed certificate unless paternity has been established.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-13.1,
					 34-25-13.3,
					 34-25-15,
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:06 - Requirements for documents used as evidence for delayed birth certificate

Current through Register Vol. 51, page 10, July 15, 2024
Any document presented as evidence for a delayed birth
				  certificate, such as census, hospital, church, and school records, must be in
				  the form of the original record, a certified copy, an authenticated copy, or a
				  signed statement from the custodian of the record or document. An affidavit of
				  personal knowledge may not be used to establish a delayed certificate of
				  birth.
Any document submitted in evidence for any person seven years
				  of age and older must be dated at least seven years before the date of
				  application or within three years after the date of birth. For any person under
				  seven years of age, the document must be dated at least one year before the
				  date of application or within the first year of life.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:07 - Requirements for filing a delayed birth certificate

Current through Register Vol. 51, page 10, July 15, 2024
For a delayed birth certificate to be acceptable for filing,
				  the name of the applicant and the date and place of birth must be supported by
				  a hospital record created at the time of birth or two pieces of documentary
				  evidence as specified in §
									44:09:02:06 if the record is filed
				  within seven years after the date of birth; or three pieces of documentary
				  evidence as specified in §
									44:09:02:06 if the record is filed
				  seven years or more after the date of birth.
Any parent's name as required in §
									44:09:02:05 shall be supported by
				  at least one piece of documentary evidence as specified in §
									44:09:02:06.
If documentation cannot be provided as required in this
				  chapter, a delayed birth certificate is acceptable for filing with an order
				  from a court of competent jurisdiction which directs the Department of Health
				  to establish a delayed birth certificate and establishes the facts as
				  follows:
(1) The full name of the
				person at the time of birth;
(2)
				The month, day, and year of birth;
(3) The state where the birth
				occurred;
(4) The full maiden name
				of the mother;
(5) The full name of
				the father; and
(6) The gender at
				the time of birth.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:09 - Insufficient evidence

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant does not submit the minimum documentation
				  required for a delayed registration of birth or if the Department of Health
				  finds reason to question the validity or adequacy of the certificate or the
				  documentary evidence, the delayed certificate may not be filed. The applicant
				  shall be advised of the denial of the application and the right to an
				  administrative hearing and judicial review.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
Procedure for administrative hearings, SDCL
					 1-26-16 to
					 1-26-29.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:10 - Certifying to facts on delayed birth certificates

Current through Register Vol. 51, page 10, July 15, 2024
Unless the delayed certificate of birth was established by
				  court order, each delayed certificate of birth shall be signed and sworn to
				  before an official authorized to administer oaths by the person whose birth is
				  to be registered if the person is of legal age and is competent to sign.
				  Otherwise, the certificate shall be signed and sworn to by one of the following
				  in the indicated order of priority:
(1) One of the parents of the
				registrant;
(2) The guardian of the
				registrant; or
(3) The legal
				representative acting for the registrant.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.
South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:09 - Public health statistics › Chapter 44:09:02 - Birth registration › Section 44:09:02:11 - Dismissal of delayed birth application after one year

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Health may dismiss any application for a
				  delayed birth certificate that has not been completed within one year from the
				  date of application.
General Authority:
SDCL
					 34-25-42.
Law Implemented:
SDCL
					 34-25-42.