reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:07 - Renewal of accreditation - Comprehensive survey

Current through Register Vol. 51, page 10, July 15, 2024
Any center currently accredited by the department shall participate in
	 a comprehensive survey to determine compliance with the requirements of this
	 article and SDCL title 27A. The department shall notify the center of the date
	 of the comprehensive survey.
The department shall make a decision regarding compliance with SDCL
	 title 27A and this article, within ninety days of the on-site review, based on
	 the evaluation of each component of the accreditation application and materials
	 reviewed and:
(1) Issue a three-year
  accreditation certificate, if a center is in compliance with ninety percent or
  more of the requirements and submits a plan of correction that is approved by
  the department and addresses all areas of noncompliance;
(2) Issue a two-year accreditation
  certificate, if a center is in compliance with seventy to eighty-nine percent
  of the requirements and submits a plan of correction that is approved by the
  department that addresses all areas of noncompliance;
(3) Place a center on probation for not more
  than six months, if the center is in compliance with less than seventy percent
  of the requirements. If the center successfully completes a plan of correction
  approved by the department, addresses all areas of noncompliance, and attains
  at least seventy percent compliance, the department shall issue a one-year
  accreditation certificate; or
(4)
  Deny accreditation, if the center fails to meet the requirements of SDCL title
  27A and this article or fails to submit a plan of correction approved by the
  department.
General Authority:
SDCL
		1-36-25,
		27A-5-1.
Law Implemented:
SDCL
		1-36-25(1),
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:08 - Comprehensive survey report - Plan of correction

Current through Register Vol. 51, page 10, July 15, 2024
The department shall, within thirty days following the on-site,
	 comprehensive survey, report its findings to the center. If a center is not in
	 compliance with the requirements of this article, the department shall notify
	 the center of the areas of noncompliance in the accreditation report. The
	 center shall submit a plan of correction to the department, within thirty days
	 of receiving the accreditation report. The plan must include the action to be
	 taken to correct the areas of noncompliance and the date the action is to be
	 completed. The plan of correction is subject to acceptance or rejection in
	 whole or in part by the department. The department shall, within thirty days of
	 receiving the plan of correction, notify the center of the department's
	 decision regarding approval or disapproval of the plan of correction and the
	 accreditation status of the center. The department may conduct a follow-up
	 review of the center to evaluate the corrections made. Failure to submit a plan
	 of correction or failure to have the plan of correction approved by the
	 department must result in probation, suspension, or revocation of
	 accreditation.
General Authority:
SDCL
		1-36-25,
		27A-5-1.
Law Implemented:
SDCL
		1-36-25(1),
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:09 - Reasons for placing a center on probation

Current through Register Vol. 51, page 10, July 15, 2024
The department may place a center on probation if:
(1) The center is in compliance with less
  than seventy percent of the requirements of this article and SDCL title
  27A;
(2) The center fails to
  complete the plan of correction to address the areas of noncompliance noted by
  the department in the accreditation report;
(3) The center has serious infractions of
  this article that affect the overall continuity of care or safety of
  clients;
(4) The center falsified
  information provided to the department for accreditation or funding
  purposes;
(5) The center
  participates in, condones, or permits illegal acts;
(6) The center participates in, condones, or
  permits fraud, deceit, or coercion;
(7) The department determines the center
  fails to comply with licensing and other standards that are required by federal
  or state laws, rules, or regulations; state and federal confidentiality laws;
  or this article, and the noncompliance results in practices that are
  detrimental to the welfare of a client; or
(8) The center refuses to allow the
  department access for a comprehensive survey, a complaint review, or any
  necessary follow-up review.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:10 - Probation procedures

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines there is sufficient cause to place a
	 center on probation, the following shall occur:
(1) The department shall send the center
  written notice of probationary status and areas of noncompliance;
(2) The center shall develop and submit a
  plan of correction, pursuant to §
									67:62:02:08, within thirty days of
  the receipt of the notice of probationary status;
(3) Upon receipt of the plan of correction,
  the department shall notify the center within five business days of the
  department's decision to approve or deny the plan of correction; and
(4) The department shall conduct a site
  visit, at least once during the probationary period, to monitor progress on
  plan of correction items. At the end of the probationary period, the department
  shall conduct a comprehensive survey of the center and may:
(a) Grant a one year accreditation
  certificate, if the agency has successfully obtained at least seventy percent
  compliance during the final comprehensive survey;
(b) Suspend the center's accreditation;
  or
(c) Revoke the center's
  accreditation.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:11 - Suspension or revocation procedures

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide written notice to the center of the
	 department's intent to suspend or revoke the center's accreditation.
The suspension or revocation is effective fifteen days after receipt of
	 the notice. The notice must contain the reason for the department's action, the
	 opportunity for the center to request reconsideration by the department, and
	 the appeal process.
A center's request for reconsideration must be in writing and received
	 by the department within 15 days of receipt of notification of suspension or
	 revocation.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:12 - Acceptance of new clients prohibited

Current through Register Vol. 51, page 10, July 15, 2024
A center that has been placed on probation, or whose accreditation has
	 been suspended, is prohibited from accepting new clients until the department
	 approves the plan of correction.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:13 - Delay in meeting requirements

Current through Register Vol. 51, page 10, July 15, 2024
The department may grant the center a delay in meeting the requirements
	 of this article to avoid undue hardship on the center, if the department
	 determines that allowing a delay would be in the best interest of the center's
	 clients.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:14 - Denial of accreditation

Current through Register Vol. 51, page 10, July 15, 2024
If the department denies accreditation to a center, the department
	 shall send notice of the denial to the center by certified mail, return receipt
	 requested, within sixty days of the final review. The notice of denial must
	 inform the center that the denial is effective fifteen days after receipt of
	 the notice.
General Authority:
SDCL
		1-36-25,
		27A-5-1.
Law Implemented:
SDCL
		1-36-25(1),
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:15 - Reconsideration of application for accreditation

Current through Register Vol. 51, page 10, July 15, 2024
A center may request that the department reconsider an application. The
	 request must be in writing and sent within fifteen calendar days after receipt
	 of the denial of accreditation.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:16 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
A center may appeal to the secretary of the department any denial,
	 revocation, or suspension of accreditation, or placement on probation by the
	 department. An appeal to the department must be sent by certified mail, within
	 fifteen calendar days of receipt of the notification of the department's
	 action, and request a fair hearing pursuant to SDCL chapter
	 1-26.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:17 - Time and place of hearing

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing by an impartial hearing officer must be held within 45
	 days after the department receives request for a fair hearing. The hearing
	 officer must set a time and place for the hearing to be held at the earliest
	 reasonable time. The hearing officer may continue the hearing at the request of
	 any parties involved and upon agreement by the parties to a specific extension
	 of time.
General Authority:
SDCL
		27A-5-1(1)(2)(3)(4)(5).
Law Implemented:
SDCL
		27A-5-1(1)(2)(3)(4)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:18 - Changes requiring notification

Current through Register Vol. 51, page 10, July 15, 2024
An accredited center shall notify the department before a change in the
	 center director, a reduction in services provided by the center, or the
	 impending closure of the center, so that the department may make a
	 determination on continued accreditation.
An accredited center shall give the department thirty days written
	 notice of closure. The center shall provide the department written
	 documentation outlining the manner in which safe storage of financial records
	 will be provided, for at least six years from the date of closure, and safe
	 storage of client case records will be provided, for a minimum of six years
	 from closure, as required by 42 C.F.R. §
										2.19, in effect
	 on October 1, 1999.
The department may assist in making arrangements for services for
	 clients by another accredited center, prior to the closing.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:19 - Sentinel event notification

Current through Register Vol. 51, page 10, July 15, 2024
Each accredited center shall make a report to the department within
	 twenty-four hours of any sentinel event including: death not primarily related
	 to the natural course of the client's illness or underlying condition,
	 permanent harm, or severe temporary harm, and intervention required to sustain
	 life.
The center shall submit a follow-up report to the department within
	 seventy-two hours of any sentinel event and the report must include:
(1) A written description of the
  event;
(2) The client's name and
  date of birth; and
(3) Immediate
  actions taken by the center.
Each center shall develop root cause analysis policies and procedures
	 to utilize in response to sentinel events.
Each center shall report to the department, as soon as possible: any
	 fire with structural damage or where injury or death occurs; any partial or
	 complete evacuation of the facility resulting from natural disaster; any loss
	 of utilities, including electricity, natural gas, and phone lines; and any loss
	 of an emergency generator, fire alarms, sprinklers, and other critical
	 equipment necessary for operation of the facility for more than twenty-four
	 hours.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(1)(2)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:20 - Approval needed for receipt of government funds

Current through Register Vol. 51, page 10, July 15, 2024
No funds generated through the provisions of SDCL chapter 27A-5, nor
	 any federal funds administered pursuant to SDCL chapter 28-1, may be granted to
	 any agency that is not accredited by the department pursuant to this
	 article.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:02 - Accreditation › Section 67:62:02:21 - Center application for state or federal assistance

Current through Register Vol. 51, page 10, July 15, 2024
Any center applying for state or federal assistance, to supplement
	 services provided under a purchase of a service agreement with the department,
	 shall submit a copy of the application to the department for review. A purchase
	 of a service agreement is a contractual agreement, between the department and a
	 center, in which the center agrees to provide diagnosis, evaluation, treatment,
	 consultation, and other necessary direct assistance required for comprehensive
	 mental health care.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:03 - Governance › Section 67:62:03:01 - Articles of incorporation

Current through Register Vol. 51, page 10, July 15, 2024
Any center accredited by the department must be established as a
	 nonprofit organization incorporated in the state of South Dakota. A copy of the
	 articles of incorporation or a nonprofit organization must be filed with the
	 department before a certificate of approval is issued. A nonprofit center must
	 submit a copy of the letter of exemption from the Internal Revenue Service to
	 the department.
General Authority:
SDCL
		27A-5-1(2).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:03 - Governance › Section 67:62:03:02 - Board of director policies

Current through Register Vol. 51, page 10, July 15, 2024
The center must adopt bylaws which state its purpose and must:
(1) Provide for a rotating board composed of
  members who reside or work in the center's catchment area and who, as a group,
  represent the residents of that area, taking into consideration their
  employment, age, sex, ethnicity, place of residence, and other demographic
  characteristics of the area;
(2)
  Describe the qualifications for membership on the board;
(3) Describe procedures for selection and
  tenure of office for members of the board;
(4) Describe methods of amending
  bylaws;
(5) Provide that the board
  must be responsible for approving overall policy;
(6) Provide that the members of the governing
  board serve without pay;
(7)
  Provide that no financial benefit accrue as a result of membership on the
  board;
(8) Provide that the board
  meets quarterly or more often as necessary for the proper administration of the
  center;
(9) Provide that the
  minutes of all official meetings of the board be maintained;
(10) Provide that the board arrange for an
  annual audit of the center's accounts;
(11) Describe the process to be used to
  handle potential conflicts of interest;
(12) Describe the body of parliamentary
  procedure to be followed in the conduct of business meetings; and
(13) Include current or past clients of
  mental health services and family members on the board of directors and
  describe formal procedures for obtaining client and family member feedback and
  input, such as through the use of subcommittees or focus groups.
General Authority:
SDCL
		27A-5-1(2)(5).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:03 - Governance › Section 67:62:03:03 - Board responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
The board must take the following actions:
(1) Employ an executive director whose
  qualifications, authority, and duties are defined in writing, and delegate to
  the executive director authority and responsibility for the daily management of
  the operations of the center according to established policies, including the
  hiring or designation of a clinical director;
(2) Employ or designate a clinical director,
  if the center does not have a current executive director and if the board
  determines the services of a clinical director are immediately needed, and
  delegate to the clinical director authority and responsibility for the
  management or the clinical operations of the center according to established
  policies;
(3) Exercise general
  supervision and establish policy regarding personnel, property, funds,
  administrative job descriptions, operations, and program;
(4) Approve a plan of financing which assures
  sufficient funds to provide care for clients and carry out the stated purpose
  of the center on a continuing basis;
(5) Ensure that capital commitments are not
  made to the detriment of services to the client; and
(6) Approve initiation, expansion, or
  modification of the center's program based on service needs of the community
  and the capability of the center to have an effect on those needs within its
  established goals and objectives.
The board may employ one person to serve as both executive director and
	 the clinical director if the person is qualified pursuant to §§
										67:62:06:02 and
	 67:62:06:03 and the board
	 determines that a full-time clinical director is not needed.
General Authority:
SDCL
		27A-5-1(2)(5).
Law Implemented:
SCDL 27A-3-1,
		27A-5-1(2)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:03 - Governance › Section 67:62:03:04 - Discrimination in services prohibited

Current through Register Vol. 51, page 10, July 15, 2024
No agency may deny any person equal access to its facilities or
	 services on the basis of race, color, religion, gender, ancestry, national
	 origin, mental or physical illness, or disability unless such illness or
	 disability makes treatment offered by the agency non-beneficial or hazardous.
	 All agencies must ensure that they comply with the federal Americans with
	 Disabilities Act, 42 U.S.C.
	 §§
										12101 et seq. and 28 C.F.R. Part
	 36 (July 1991). Referral services must be provided to individuals not admitted
	 to treatment.
General Authority:
SDCL 34-20A-27(3).
Law Implemented:
SDCL 20-13-1(12), 20-13-23, 20-13-23.1,
		34-20A-27, 29 U.S.C. §
												794.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:04 - Core service responsibilities › Section 67:62:04:01 - Required range of services

Current through Register Vol. 51, page 10, July 15, 2024
Community mental health centers must serve the counties assigned to
	 them by the department, and provide services to clients with acute mental
	 health issues or serious mental health difficulties, including those with
	 co-occurring disorders, as defined in subdivision 67:62:01:01(12). A center
	 shall provide services to children, youth, adults, and elderly residents of the
	 catchment area assigned to the center, either directly or by affiliation with
	 another agency. The following must be available:
(1) Emergency services, twenty-four hours per
  day, seven days a week;
(2)
  Assessment services, to determine the best service match;
(3) Outpatient services, pursuant to chapter
  67:62:10;
(4) Specialized
  outpatient services for children or youth, pursuant to chapter 67:62:11;
  and
(5) Specialized outpatient
  services for adults, pursuant to chapter 67:62:12.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(3),
		27A-5-7.
Note:
Optional services may include room and board, as
		defined in subdivision 67:62:01:01(30) and individualized and mobile program of
		assertive community treatment team pursuant to chapter
		67:62:13.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:04 - Core service responsibilities › Section 67:62:04:02 - Center responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
A center's services must be available and accessible, particularly for
	 clients with complex mental health issues and co-occurring disorders as defined
	 in subdivision 67:62:01:01(12), or who experience cultural or linguistic
	 barriers or both. The center must ensure:
(1) Services are available and accessible to
  the general public;
(2) The
  location of center offices and hours of service be posted and publicized at all
  of the center's locations;
(3) That
  staff be available to provide clinical attention to persons with immediate
  needs during regular center hours and in case of emergency when the center is
  closed;
(4) That a seamless
  continuum of services is provided for clients and families so that:
(a) Clients and families move smoothly into
  more or less intensive services when needed to support progress toward
  recovery; and
(b) Youth nearing
  adulthood receive smooth transitions into appropriate adult services when
  indicated; and
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:04 - Core service responsibilities › Section 67:62:04:03 - Refusal to serve a child with a serious emotional disturbance or an adult with a serious mental illness - Alternate provider

Current through Register Vol. 51, page 10, July 15, 2024
A center shall serve any client who meets serious emotional disturbance
	 or serious mental illness criteria, pursuant to §
									67:62:11:01 or
	 67:62:12:01, and financial
	 eligibility criteria. If a center refuses services to a client who meets these
	 criteria, the department may reduce the contract for the center, in order to
	 purchase necessary services from an alternate provider. A center may not refuse
	 services to any child with a serious emotional disturbance or an adult with a
	 serious mental illness unless:
(1) The
  center provides written notice of the refusal to the department, within
  seventy-two hours of the action;
(2) The center offers emergency services to
  the client, until the client can be relocated to another service area or
  alternate services are arranged; and
(3) The center arranges for appropriate
  mental health services for the client, with another provider.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2)(3)(4)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:04 - Core service responsibilities › Section 67:62:04:04 - Center's right to appeal

Current through Register Vol. 51, page 10, July 15, 2024
Within thirty days of the refusal to serve, the center's director may
	 submit a letter of appeal to the department, stating the center's cause for
	 maintaining its contract funds. The department shall make a determination and
	 respond to the center within two weeks of receiving the letter of
	 appeal.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2)(4)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:01 - Policies and procedures manual

Current through Register Vol. 51, page 10, July 15, 2024
Each center must have a policy and procedure manual to ensure
	 compliance with this article and procedures for reviewing and updating the
	 manual.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:02 - Statistical data

Current through Register Vol. 51, page 10, July 15, 2024
Each center shall submit statistical data on each client receiving
	 services to the department in a manner agreed upon by the department and the
	 center. The center shall provide statistical data on all services, in
	 accordance with the state management information system, and any other data
	 required by the department and state and federal laws and
	 regulations.
General Authority:
SDCL
		1-36-25,
		27A-5-1.
Law Implemented:
SDCL
		1-36-25(3),
		27A-3-1,
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:03 - Compliance - Case record review

Current through Register Vol. 51, page 10, July 15, 2024
Each center must establish an ongoing compliance review process for the
	 review of case records to assure the quality and appropriateness of services.
	 Center staff must be informed of the review process, and it must be made a part
	 of the center's policies and procedures manual. In addition, there must be a
	 procedure to address any issues that are discovered during the compliance
	 review process.
General Authority:
SDCL
		27A-5-1(1)(2)(3)(4)(5).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(1)(2)(3)(4)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:04 - Retention of records

Current through Register Vol. 51, page 10, July 15, 2024
Each center must retain all financial records, client case records, and
	 documentation of services provided for at least six calendar years
	 post-treatment for adults and at least six calendar years after the client
	 reaches age 18 for children or youth. Records may not be destroyed when an
	 audit or investigation is pending.
General Authority:
SDCL
		27A-5-1(2).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:05 - Accounting system, cost reporting, and annual audit

Current through Register Vol. 51, page 10, July 15, 2024
An accredited center shall maintain an accounting system pursuant to
	 generally accepted accounting principles. If requested by the department, the
	 center shall submit to the department a copy of an annual entity-wide,
	 independent financial audit. The audit must be completed and filed with the
	 department by the end of the fourth month following the end of the fiscal year
	 being audited.
Each audit must contain, as part of the supplementary information, a
	 cost report as outlined by the department. If applicable, the audit must be
	 conducted in accordance with 2 C.F.R. part 200 subpart F, in effect on August
	 13, 2020.
For either an entity-wide, independent financial audit or a Single
	 Audit, the center shall assure the resolution of all interim audit findings.
	 The center shall facilitate and aid any such reviews, examinations, and
	 agreed-upon procedures the department or any contractor may
	 perform.
General Authority:
SDCL
		27A-5-1(2).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2).
Office of Management and Budget (OMB) Circular A-133, "Audits
		of States, Local Governments, and Non-Profit Organizations"
, March 2008.
		Copies are available from the following website:
		https://www.whitehouse.gov/omb/circulars_a133_compliance_08_08toc.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:06 - Fees for services

Current through Register Vol. 51, page 10, July 15, 2024
Each center's board shall adopt a schedule of fees for services and
	 shall base the fees on the client's ability to pay. The center shall provide
	 its clients, referral resources, the public, and the department with up-to-date
	 fees for services, including the fee per unit of service and any standard fees
	 not included in the unit rate charged by the center.
The center shall attempt to collect payment from clients for services,
	 in accordance with its fee schedule and to collect reimbursement for costs of
	 services, for all clients, from other third-party sources.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:07 - Client orientation

Current through Register Vol. 51, page 10, July 15, 2024
The center shall develop policies and procedures to ensure orientation
	 to the program is provided to a new client, at or before the time of admission,
	 or as soon thereafter as possible. The orientation must include:
(1) The center's purpose and a description of
  the treatment process;
(2) All
  relevant center policies;
(3) The
  hours during which services are available;
(4) The fees for services and the
  responsibility for payment for those fees;
(5) Information regarding the right to
  confidentiality, in accordance with
  42 U.S.C. §§
										290 dd-2, in effect on March 27, 2020, 42
  C.F.R. Part 2, in effect on January 18, 2017, and, 45 C.F.R. Part 160 and 164,
  in effect on September 26, 2016; and
(6) The rights of the client while receiving
  services, in accordance with §§
									67:62:07:01 and
  67:62:07:02.
General Authority:
SDCL
		1-36-25,
		27A-5-1.
Law Implemented:
SDCL
		1-36-25,
		27A-5-1(3)(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:05 - General management requirements › Section 67:62:05:08 - Participation in state plan

Current through Register Vol. 51, page 10, July 15, 2024
Each center shall participate in the state's comprehensive mental
	 health service plan and submit information to the department as
	 required.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:01 - Requirements for executive director

Current through Register Vol. 51, page 10, July 15, 2024
The board of directors must appoint an executive director with the
	 following qualifications:
(1)
  Knowledge of mental health services;
(2) Administrative skills; and
(3) At the time of employment, knowledge of
  the administrative rules pertaining to community mental health services and
  programs.
General Authority:
SDCL
		1-36-25(5),
		27A-5-1(1)(2).
Law Implemented:
SDCL
		1-36-25(5),
		27A-3-1,
		27A-5-1(1)(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:02 - Requirements for clinical director

Current through Register Vol. 51, page 10, July 15, 2024
The clinical director employed or designated by a center's executive
	 director or the board must meet the qualifications of a clinical supervisor as
	 defined in subdivision 67:62:01:01(8)
,
and have an additional two
	 years experience in a mental health setting.
General Authority:
SDCL
		1-36-25(5),
		27A-5-1(1)(2).
Law Implemented:
SDCL
		1-36-25(5),
		27A-3-1,
		27A-5-1(1)(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:03 - Requirements for staff providing direct services and supports to clients

Current through Register Vol. 51, page 10, July 15, 2024
Staff providing direct mental health services and supports to clients,
	 shall have one of the following qualifications:
(1) A minimum of a high school diploma or
  equivalent, and is supervised by a clinical supervisor to provide:
(a) Intake services;
(b) Case management;
(c) Family education and support;
(d) Liaison services;
(e) Direct assistance;
(f) Psychosocial rehabilitative services;
  and
(g) Recovery support
  services;
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:04 - Orientation of personnel

Current through Register Vol. 51, page 10, July 15, 2024
The center must provide orientation for all employees, including
	 contracted staff providing direct clinical services, interns, and volunteers
	 within ten working days after employment. The orientation must be documented
	 and must include at least the following items:
(1) Fire prevention and safety, including the
  location of all fire extinguishers in the center, instruction in the operation
  and use of each type of extinguisher, and an explanation of the fire evacuation
  plan and center's smoking policy;
(2) The confidentiality of all information
  about clients, including a review of requirements in this article and 45 C.F.R.
  Parts 160 and 164 (October 7, 2009);
(3) The proper maintenance and handling of
  client case records;
(4) The
  center's philosophical approach to treatment and the center's goals;
(5) The procedures to follow in the event of
  a medical emergency or a natural disaster;
(6) The specific job descriptions and
  responsibilities of employees;
(7)
  The center's policies and procedures are maintained in accordance with §
									67:62:05:01; and
(8) The center's procedures regarding the
  reporting of cases of suspected child abuse or neglect in accordance with SDCL
  26-8A-3 and
  26-8A-8.
General Authority:
SDCL
		27A-5-1(1)(2)(3)(4)(5).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(1)(2)(3)(4)(5).
Persons required to report child abuse or neglected child --
		Intentional failure as misdemeanor, SDCL
		26-8A-3.
Oral report of abuse or neglect -- To whom made -- Response report,
		SDCL 26-8A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:05 - Supervision

Current through Register Vol. 51, page 10, July 15, 2024
Any center staff providing direct services to clients, other than
	 those staff who meet the criteria of a clinical supervisor as defined in
	 subdivision 67:62:01:01(8), must be supervised by a clinical supervisor.
The amount and type of supervision must be based on the center's staff
	 needs for such supervision and their level of education, training, and
	 experience. Clinical supervisors are also responsible for ensuring center staff
	 who do not meet clinical supervisor criteria are operating within the scope of
	 their education, training, and competencies.
General Authority:
SDCL
		27A-5-1(1).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(1).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:06 - Personnel policies and records

Current through Register Vol. 51, page 10, July 15, 2024
Written personnel policies and records for all staff must be
	 maintained by the center and include provisions for equal employment
	 opportunities. Each center must maintain a personnel file or record for each
	 staff including contracted staff, intern, or volunteer. The file or record must
	 include at a minimum the following:
(1) Individual personnel records must include
  an application filed for employment or resume and transcripts or diploma and
  continuing education;
(2) A
  position description signed by the staff with a statement of duties and
  responsibilities and the minimum qualifications and competencies necessary to
  fulfill these duties;
(3) The
  completion of appropriate pre-hire screening will be evident for staff that
  provide direct services to vulnerable populations;
(4) Documentation of the staffs orientation
  in accordance with §
									67:62:06:05; and
(5) Copies of the staffs current credentials
  related to job duties.
General Authority:
SDCL
		27A-5-1(2).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:07 - Organizational chart

Current through Register Vol. 51, page 10, July 15, 2024
Each center shall have an up-to-date organizational chart indicating
	 lines of authority from the board of directors and lines of authority for all
	 job classifications. The organizational chart must be made available to all
	 staff members, the board of directors, and the department.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(2)(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:08 - Workforce development and training

Current through Register Vol. 51, page 10, July 15, 2024
Each center shall provide for ongoing training and consultation to
	 enable staff and supervisors to carry out their responsibilities
	 effectively.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(1)(2)(3).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:09 - Volunteers

Current through Register Vol. 51, page 10, July 15, 2024
If a center uses volunteers as support for programs, the center must
	 establish and maintain a plan for recruiting, screening, training, and
	 supervising the volunteer.
General Authority:
SDCL
		27A-5-1(5).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:06 - Personnel › Section 67:62:06:10 - Office of Inspector General Medicaid exclusion list

Current through Register Vol. 51, page 10, July 15, 2024
Facilities need to routinely check the Office of Inspector Generals
	 List of Excluded Individuals and Entities to ensure that new hires as well as
	 current employees are not on the excluded list. No payment can be provided for
	 services furnished by an excluded individual. Documentation that this has been
	 completed will be placed in the employees personnel file.
General Authority:
SDCL
		27A-5-1(5).
Law Implemented:
SDCL
		27A-3-1,
		27A-5-1(5).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:07 - Clients' rights › Section 67:62:07:01 - Clients rights

Current through Register Vol. 51, page 10, July 15, 2024
A center shall ensure that clients' rights are fully protected. The
	 center shall give each client, the client's parent if the client is under
	 eighteen years of age, or the client's guardian, if any, a copy of the clients'
	 rights and responsibilities in writing, or in an accessible format, during the
	 intake process and shall discuss the rights and responsibilities with the
	 client or the client's parent, guardian, or advocate.
The clients' rights and responsibilities must be posted in a place
	 accessible to clients. Copies must be available in locations where clients can
	 access them, without making a request to center staff. The center shall make
	 the clients' rights and responsibilities statement available to the department.
	 A center shall provide services to each client in a manner that is responsive
	 to the client's need in the areas of age, gender, social support, cultural
	 orientation, psychological characteristics, sexual orientation, physical
	 situation, and spiritual beliefs.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:07 - Clients' rights › Section 67:62:07:02 - Guaranteed rights

Current through Register Vol. 51, page 10, July 15, 2024
A client has rights guaranteed under the constitution and laws of the
	 United States and the state of South Dakota, including:
(1) The right to refuse prohibited treatment,
  as provided in SDCL
  27A-12-3.22;
(2) The right to be free of any exploitation
  or abuse;
(3) The right to seek and
  have access to legal counsel;
(4)
  The right to have access to an advocate, as defined in subdivision
  67:62:01:01(2), or an employee of the state's designated protection and
  advocacy system;
(5) The right to
  confidentiality of all records, correspondence, and information relating to
  assessment, diagnosis, and treatment, pursuant to SDCL
  27A-12-26, and the security and
  privacy the Health Insurance Portability and Accountability Act, as set forth
  in 45 C.F.R., Parts 160 and 164, in effect on September 26, 2016; and
(6) The right to participate in decision
  making related to treatment, to the greatest extent possible.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(4),
		27A-12-3.22,
		27A-12-26.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:07 - Clients' rights › Section 67:62:07:03 - Policy on abuse, neglect, and exploitation

Current through Register Vol. 51, page 10, July 15, 2024
Each center must have a policy that prohibits abuse, neglect, and
	 exploitation of a client. The policy must contain:
(1) Definitions of abuse, neglect, and
  exploitation, pursuant to SDCL
  22-46-1;
(2) A requirement to report to the department
  any incidents of abuse, neglect, or exploitation;
(3) A requirement to report to the
  department, pursuant to SDCL
  26-8A-3 and
  26-8A-8;
(4) A procedure for disciplinary action to be
  taken if staff engages in abusive, neglectful, or exploitative
  behavior;
(5) A requirement to make
  immediate efforts to inform the guardian, or the parent if the client is under
  eighteen years of age, of an alleged incident or allegation of abuse, neglect,
  or exploitation; and
(6) A
  requirement to document the actions to be implemented, upon substantiation of
  an incident or allegation, to reduce the likelihood of, or to prevent repeated
  incidents of abuse, neglect, or exploitation.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(1)(2)(4)(5).
Persons required to report child abuse or neglected child --
		Intentional failure as misdemeanor, SDCL
		26-8A-3.
Oral report of abuse or neglect -- To whom made -- Response report,
		SDCL 26-8A-8.
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:07 - Clients' rights › Section 67:62:07:04 - Grievance procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each center shall have policies and procedures for receiving,
	 considering, and responding to client grievances.
The center shall provide the client and the client's parent or
	 guardian, a copy of the policies and procedures, in writing or in an accessible
	 format, during intake services. Verification by the client of receipt of the
	 policies and procedures must be placed in the client's file. The policies and
	 procedures must be posted in a place accessible to a client and a copy must be
	 available in locations where a client can access them, without making a request
	 to center staff. The policies and procedures must be available to former
	 clients, upon request.
The policies and procedures must include the ability to appeal the
	 center's decision regarding ineligibility or the termination of services to the
	 department, as provided in §
									67:62:07:05, and must include the
	 telephone number and address of the department.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:07 - Clients' rights › Section 67:62:07:05 - Appeal of ineligibility or termination of services

Current through Register Vol. 51, page 10, July 15, 2024
A client, a client's parent in the case of a client under age eighteen,
	 or a client's guardian, may appeal, to the department the center's decision
	 regarding the ineligibility or termination of services. An appeal must be made
	 in writing, to the department, within thirty days of receiving the notice
	 regarding ineligibility or termination of services. The department shall
	 provide a determination within thirty days of receipt of a request for appeal.
	 If the client or the client's parent or guardian is dissatisfied with the
	 department's decision regarding ineligibility or termination of services, the
	 client, the client's parent, or the client's guardian may request a fair
	 hearing, by notifying the department, in writing, within thirty days of
	 receiving the department's decision.
When termination is being appealed, the client shall continue to
	 receive services from the center, until a decision is reached, after a hearing
	 pursuant to SDCL chapter 1-26.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(4).
South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:62 - Mental Health › Chapter 67:62:07 - Clients' rights › Section 67:62:07:06 - Time and place of hearing

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing, by an impartial hearing officer, must be held within
	 ninety days after receiving a request by the client, the client's parent, or
	 the client's guardian. The impartial hearing officer shall set a time and place
	 for the hearing, at the earliest reasonable time. Time extensions may be
	 provided:
(1) By the impartial hearing
  officer; or at
(2) At the request
  of any party involved, and upon agreement of all parties to a specific
  extension of time.
General Authority:
SDCL
		27A-5-1.
Law Implemented:
SDCL
		27A-5-1(4).