reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:11 - Discontinuance of attendant services

Current through Register Vol. 51, page 10, July 15, 2024
The department may discontinue services for the following
	 reasons:
(1) The consumer can no
  longer benefit from attendant services under this chapter;
(2) The consumer's health or safety would be
  jeopardized if services were continued;
(3) The consumer suffers from an uncontrolled
  infectious disease such as hepatitis and tuberculosis or a condition such as
  human immunodeficiency virus;
(4)
  The consumer is abusing or harassing a person delivering services or a life
  threatening situation exists for such a person;
(5) The consumer's living environment
  presents health and fire hazards or unsafe conditions to any person delivering
  services;
(6) the consumer submits
  fraudulent bills for reimbursement;
(7) The consumer fails to allow a person
  delivering services on the premises;
(8) The consumer or others in the household
  are under the influence of illegal drugs;
(9) The consumer becomes eligible for another
  attendant services program which is more economically beneficial to the
  state;
(10) Funds needed for the
  program under this chapter are not available;
(11) The consumer is determined incapable by
  the personal physician or fails an assessment performed by the case manager
  under chapter 67:54:06;
(12) The
  consumer is no longer eligible under §
									46:30:07:03; or
(13) The consumer fails to report income and
  resources immediately as required by §§
									46:30:07:09 and
  46:30:07:10 or reports income and
  resources fraudulently during the application process or the annual
  review.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
Procedure for obtaining reimbursement, §
											46:30:07:08.
Annual review of service plans, income, and resources, §
											46:30:07:10.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:07 - Attendant services › Section 46:30:07:12 - Notice of appeal

Current through Register Vol. 51, page 10, July 15, 2024
The department shall notify the consumer in writing of the consumer's
	 ineligibility to receive services within 30 days of application or of
	 termination of services at least ten days before termination. The notice shall
	 state the specific rule supporting the action taken and explain the consumer's
	 right to request a fair hearing and to be represented by others at the hearing.
	 The notice shall include the time in which a hearing may be requested and the
	 information needed to make the request. The consumer has 30 days after
	 receiving the notice to request a hearing. Attendant services will continue
	 until the appeal is resolved.
General Authority:
SDCL
		28-8A-6.1.
Law Implemented:
SDCL
		28-8A-5.1.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Applicant," a parent or legal guardian
  of an individual less than 21 years of age or an individual less than 21 years
  of age;
(2) "Cochlear implant," a
  surgically implanted device that assists an individual with severe and profound
  hearing loss to hear sounds;
(3)
  "Division," the Division of Rehabilitation Services, a division of the
  Department of Human Services;
(4)
  "Initial mapping," the fitting of the external parts of the implant device and
  programming of the device;
(5)
  "Profound hearing loss," a hearing impairment of 91dBHL or more;
(6) "Severe hearing loss," a hearing
  impairment of 71dBHL to 90dBHL;
(7)
  "Telecommunication fund for the deaf," a fund comprised of the deposit of
  access fees imposed on local exchange service lines, cellular telephones, and
  radio pager devices. These funds are used for telecommunication for deaf,
  severely hearing impaired, and speech impaired individuals.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:02 - Cochlear implant services

Current through Register Vol. 51, page 10, July 15, 2024
Cochlear implant services under this chapter are limited to those
	 covered services in §
									46:30:08:03 for an applicant
	 determined eligible pursuant to §
									46:30:08:04. Cochlear implant
	 services shall be provided by those providers approved by the division. The
	 division shall maintain a list of approved providers.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:03 - Covered services

Current through Register Vol. 51, page 10, July 15, 2024
The fund created by § 49-31-50 may only be used for the following
	 devices and services:
(1) Cost of
  implant surgery for one or both ears;
(2) Cost of two implant devices;
(3) Surgeon's usual and customary
  fee;
(4) Hospital's usual and
  customary fee;
(5)
  Anesthesiologist's usual and customary fee;
(6) Cost of initial mapping; and
(7) Cost of follow-up mappings completed
  within one year after surgery or up to a maximum of 12.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:04 - Eligibility criteria

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for funding for the services described in §
									46:30:08:03 the applicant must
	 meet the following criteria:
(1) Is an
  individual less than 21 years of age at the time of application;
(2) Is a resident of South Dakota;
(3) Has a severe to profound hearing loss as
  diagnosed by an audiologist; and
(4) Is medically recommended for a cochlear
  implant by the individual's cochlear implant surgeon.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:05 - Application

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall submit a completed and signed application on a form
	 provided by the division and shall include the following information:
(1) Documentation from the applicant's
  implant surgeon that one or two cochlear implants is medically
  recommended;
(2) Documentation of a
  progressive hearing loss which led to deafness, if applicable;
(3) A written quote of the provider's usual
  and customary charge for services listed in §
									46:30:08:03; and
(4) Proof of creditable coverage as defined
  in SDCL 58-18-44, if any.
The division shall reject an application that fails to provide the
	 required information.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
Creditable coverage defined, SDCL
		58-18-44.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:06 - Notice of ineligibility determination

Current through Register Vol. 51, page 10, July 15, 2024
If the division determines that an applicant is ineligible, the
	 division shall notify the applicant in writing within 60 days of receipt of the
	 completed application. The notice shall include the reason for ineligibility
	 and the process of appeal pursuant to §
									46:30:08:13.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:08 - Preauthorization and payment

Current through Register Vol. 51, page 10, July 15, 2024
Any payment for funding of the covered services listed in §
									46:30:08:03 must be preauthorized
	 by the division.
The division shall issue payment only after all health insurance
	 payments have been verified. Payment for any service is contingent upon the
	 availability of funds during each fiscal year.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:09 - Coverage limits - Uninsured

Current through Register Vol. 51, page 10, July 15, 2024
An eligible applicant who is not covered by any health insurance plan
	 shall receive coverage for those services listed in §
									46:30:08:03.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:10 - Coverage limits - Insured

Current through Register Vol. 51, page 10, July 15, 2024
An eligible applicant who is covered by any health insurance plan or
	 third party payor may only receive funds for those amounts incurred and payable
	 by the covered person under the deductible and coinsurance provisions of a
	 health plan which are for the covered services listed in §
									46:30:08:03.
Expenses for any service authorized in this chapter that is not covered
	 or not payable by the applicant's own health insurance plan for some reason
	 other than the deductible and coinsurance provisions in the health insurance
	 plan are not eligible for coverage under this chapter.
The division may not pay for any portion of the costs of covered
	 services listed in §
									46:30:08:03 that are covered by a
	 health insurance plan or otherwise covered under another plan of insurance.
	 Payment pursuant to this chapter is secondary to any other insurance covering
	 or providing reimbursement for the covered services listed in §
									46:30:08:03.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:11 - Billing procedures

Current through Register Vol. 51, page 10, July 15, 2024
The division shall pay the provider after receiving the following
	 pertinent billing information:
(1) A
  completed, standardized billing form;
(2) An itemized statement of preauthorized
  services rendered; and
(3) An
  insurance deduction or rejection shown on the billing form with an attached
  explanation of benefits from the insurance plan.
This information must be received by the division no later than six
	 months from the service date.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:12 - Recovery of overpayments

Current through Register Vol. 51, page 10, July 15, 2024
Any payment made for services because of incorrect information or any
	 other type of error by the applicant or provider shall be considered an
	 overpayment and is subject to recovery by the division.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:13 - Appeal of ineligibility

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may appeal the division's decision regarding ineligibility
	 for the services provided pursuant to this chapter. An applicant dissatisfied
	 with the division's determination regarding eligibility of services may request
	 a fair hearing pursuant to SDCL chapter 1-26 by notifying the Department of
	 Human Services in writing within 30 days of receipt of the division's
	 decision.
Nothing in this section may be construed as indicating that the
	 Department of Human Services will pay for legal fees for representing an
	 applicant or provider at a fair hearing pursuant to this
	 section.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
Right to judicial review of contested cases -- Preliminary agency
		actions, SDCL
		1-26-30.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:08 - Cochlear implants › Section 46:30:08:14 - Time and place of hearing - Time extension

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing, pursuant to SDCL chapter 1-26, by an impartial hearing
	 officer, shall be held within 90 days after receipt for a request by the
	 applicant. The impartial hearing officer shall set a time and place for the
	 hearing to be held at the earliest reasonable time. The hearing examiner may
	 continue the hearing at the request of any of the parties
	 involved.
General Authority:
SDCL
		49-31-50.2.
Law Implemented:
SDCL
		49-31-50,
		49-31-50.1,
		49-31-51.
Right to judicial review of contested cases -- Preliminary agency
		actions, SDCL
		1-26-30.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:01 - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of the TED program is to provide accessible
	 telecommunication devices and services for individuals who are deaf,
	 deaf/blind, hard of hearing, or have a speech impairment.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:02 - Services

Current through Register Vol. 51, page 10, July 15, 2024
TED services include:
(1)
  Assessment;
(2) Telecommunication
  equipment; and
(3)
  Training.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:03 - Eligibility criteria

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for services through the TED program, the applicant
	 must:
(1) Be a resident of South
  Dakota;
(2) Be deaf, deaf/blind,
  hard of hearing, or have a speech impairment;
(3) Have a household income at or below 400%
  of the federal poverty level, if applicable;
(4) Have a demonstrated need for specialized
  telecommunications equipment;
(5)
  Have access to telecommunication services; and
(6) Have not received a telecommunication
  device or services from this program within three years prior to the date of
  application unless independent living status has changed or the severity of the
  disability has made previous equipment or services inadequate to meet the
  applicants telecommunication needs.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:04 - Financial need

Current through Register Vol. 51, page 10, July 15, 2024
The department's financial contribution is based on the applicant's
	 household income and is paid according to a fee schedule established by the
	 department.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:05 - Application

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall submit an application for the TED program directly
	 to an authorized provider. The authorized provider will notify the applicant of
	 the results of the eligibility determination within 30 calendar days of receipt
	 of the completed application.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:06 - Recipient training

Current through Register Vol. 51, page 10, July 15, 2024
The authorized provider shall provide training to each recipient on
	 proper usage of the telecommunications equipment. The authorized provider may
	 provide additional training to ensure the recipient has the ability to properly
	 use the equipment.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:07 - Recipient responsibility

Current through Register Vol. 51, page 10, July 15, 2024
Each recipient is responsible for proper care of telecommunications
	 equipment provided by the program, and an authorized provider may determine a
	 recipient ineligible for continued or future participation if:
(1) Equipment has been subjected to abuse,
  misuse, or unauthorized repair by the recipient;
(2) Each recipient failed to provide a police
  report of stolen equipment; or
(3)
  The recipient has lost previously issued equipment.
Each recipient must follow the manufacturer's recommended maintenance
	 procedures for all equipment and must report any problems with the equipment to
	 the provider.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:09 - Telecommunications equipment distribution program › Section 46:30:09:08 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may appeal the division's decision regarding eligibility
	 for the services provided pursuant to this chapter. An applicant dissatisfied
	 with the division's determination regarding eligibility may request a fair
	 hearing pursuant to SDCL chapter 1-26 by notifying the department in writing
	 within 30 calendar days of receipt of the division's decision.'
Nothing in this section may be construed as indicating that the
	 department will pay for legal fees for representing an applicant or provider at
	 a fair hearing pursuant to this section.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:01 - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of the TAD program is to provide accessible
	 telecommunication devices and services for individuals who have a disability
	 other than deafness, deaf/blindness, hard of hearing, or speech
	 impairment.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:02 - Services

Current through Register Vol. 51, page 10, July 15, 2024
TAD services include:
(1)
  Assessment;
(2) Telecommunication
  equipment; and
(3)
  Training.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:03 - Eligibility criteria

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for services through the TAD program, the applicant
	 must:
(1) Be a resident of South
  Dakota;
(2) Have a disability that
  other than deafness, deaf/blind, hard of hearing, or speech
  impairment;
(3) Have a household
  income at or below 400% of the federal poverty level, if applicable;
(4) Have a demonstrated need for specialized
  telecommunication equipment;
(5)
  Have access to telecommunication services; and
(6) Have not received a telecommunication
  device or services from this program within three years prior to the date of
  application unless independent living status has changed or the severity of the
  disability has made previous equipment or services inadequate to meet the
  applicant's telecommunication needs.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:04 - Financial need

Current through Register Vol. 51, page 10, July 15, 2024
The department's financial contribution is based on the applicant's
	 household income and is paid according to a fee schedule established by the
	 department.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:05 - Application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall submit an application for the TAD program to an
	 authorized provider. The authorized provider will notify the applicant of the
	 results of the eligibility determination within 30 calendar days of receipt of
	 the completed application.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:06 - Recipient training

Current through Register Vol. 51, page 10, July 15, 2024
The authorized provider shall provide training to each recipient on
	 proper usage of the telecommunications equipment. The authorized provider may
	 provide additional training to ensure the recipient has the ability to properly
	 use the equipment.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:07 - Recipient responsibility

Current through Register Vol. 51, page 10, July 15, 2024
Each recipient is responsible for proper care of telecommunications
	 equipment provided by the program, and an authorized provider may determine a
	 recipient ineligible for continued or future participation if:
(1) Equipment has been subjected to abuse,
  misuse, or unauthorized repair by the recipient;
(2) The recipient failed to provide a police
  report of stolen equipment; or
(3)
  The recipient has lost previously issued equipment.
Recipients must follow the manufacturer's recommended maintenance
	 procedures for all equipment and must report any problems with the equipment to
	 the provider.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:10 - Telecommunications adaptive devices program › Section 46:30:10:08 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may appeal the division's decision regarding eligibility
	 for the services provided pursuant to this chapter. An applicant dissatisfied
	 with the division's determination regarding eligibility may request a fair
	 hearing pursuant to SDCL chapter 1-26 by notifying the department in writing
	 within 30 calendar days of receipt of the division's decision.
Nothing in this section may be construed as indicating that the
	 department will pay for legal fees for representing an applicant or provider at
	 a fair hearing pursuant to this section.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:11 - Hearing aid assistance program › Section 46:30:11:01 - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of the hearing aid assistance program is to provide
	 financial assistance to purchase hearing aids and associated ear molds for
	 individuals who are deaf or hard of hearing.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:11 - Hearing aid assistance program › Section 46:30:11:02 - Eligibility criteria

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for devices through the hearing aid assistance program,
	 an individual shall meet the following criteria:
(1) Be a resident of South Dakota;
(2) Be under 19 years of age;
(3) Have a progressive or permanent hearing
  loss which requires hearing aids;
(4) Have a household income at or below 400%
  of the federal poverty level; and
(5) Have not received a hearing aid from the
  program or through Medicaid within three years prior to the date of
  application.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:11 - Hearing aid assistance program › Section 46:30:11:03 - Application

Current through Register Vol. 51, page 10, July 15, 2024
An application for the hearing aid assistance program may be submitted
	 by a family member, legal guardian, individual over the age of 18, or an
	 audiologist on behalf of a child requiring hearing aids. In addition to the
	 application, the following documentation must also be submitted:
(1) An audiologist's assessment and diagnosis
  of progressive or permanent hearing loss which requires the use of hearing
  aids;
(2) An audiologist's
  recommendation regarding the most appropriate type of hearing aids for the
  applicant;
(3) An audiologist's
  estimated costs for the recommended hearing aids;
(4) Verification of family income. Accepted
  forms of verification include the three most recent pay stubs or statements or
  the most recent federal income tax returns; and
(5) Any other documentation as may be
  required by the department.
The division will notify the applicant of the results of the
	 eligibility determination within 30 calendar days of receipt of the completed
	 application.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:11 - Hearing aid assistance program › Section 46:30:11:04 - Financial contribution

Current through Register Vol. 51, page 10, July 15, 2024
The department's financial contribution is based on an applicant's
	 household income and is paid directly to the provider according to a fee
	 schedule established by the department.
The hearing aid assistance program is the payer of last resort. An
	 applicant must exhaust any private health insurance as well as all other third
	 party resources prior to being eligible for the hearing aid
	 program.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:11 - Hearing aid assistance program › Section 46:30:11:05 - Recipient responsibility

Current through Register Vol. 51, page 10, July 15, 2024
The recipient is responsible, financially and otherwise, for the
	 maintenance, daily care, batteries, repairs, and ear mold replacements as
	 necessary. The recipient must also accept the terms of payment pursuant to
	 §
									46:30:11:04 which may include
	 making a copayment.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:11 - Hearing aid assistance program › Section 46:30:11:06 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may appeal the decision regarding eligibility for the
	 program pursuant to SDCL chapter 1-26 by notifying the department in writing
	 within 30 calendar days of receipt of the written notification.
Nothing in this section may be construed as indicating that the
	 department will pay for legal fees for representing an applicant or
	 provider.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:12 - Communication assistance services › Section 46:30:12:01 - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of the communication assistance services program is to
	 provide communication support services to eligible individuals who are deaf,
	 hard of hearing, or speech impaired to achieve increased integration into the
	 community and workplace.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:12 - Communication assistance services › Section 46:30:12:02 - Services

Current through Register Vol. 51, page 10, July 15, 2024
Communication assistance services include:
(1) Information and referral;
(2) Peer support;
(3) Communication assistance;
(4) Community integration skills
  training;
(5) Deaf awareness
  training, and
(6) Technical
  assistance.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:12 - Communication assistance services › Section 46:30:12:03 - Eligibility criteria

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for services through the communication assistance
	 service program, the applicant must:
(1) Be a resident of South Dakota;
(2) Be deaf, hard of hearing, or speech
  impaired;
(3) Have barriers that
  inhibit community and employment inclusion; and
(4) Have a demonstrated need for
  communication assistance services.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:12 - Communication assistance services › Section 46:30:12:04 - Application

Current through Register Vol. 51, page 10, July 15, 2024
An applicant shall submit an application for the communication
	 assistance services program to an authorized provider. The authorized provider
	 will notify the applicant of the results of the eligibility determination
	 within 30 calendar days of receipt of the completed
	 application.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:30 - Rehabilitation services › Chapter 46:30:12 - Communication assistance services › Section 46:30:12:05 - Appeals

Current through Register Vol. 51, page 10, July 15, 2024
An applicant may appeal the decision regarding eligibility for the
	 program pursuant to SDCL chapter 1-26 by notifying the department in writing
	 within 30 calendar days of receipt of the written notification.
Nothing in this section may be construed as indicating that the
	 department will pay for legal fees for representing an applicant or
	 provider.
General Authority:
SDCL
		28-9-44,
		49-31-56.1.
Law Implemented:
SDCL
		28-9-44,
		49-31-47.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:01 - Complaints and discipline › Section 46:31:01:04.01 - Notice to division of complaint

Current through Register Vol. 51, page 10, July 15, 2024
Any complaint against a certified interpreter shall be made in writing
	 and include the full name and address of the complainant. The complaint shall
	 outline the facts which clearly and accurately describe the nature of the
	 complaint. A complaint must be sent by first class mail to the Division of
	 Rehabilitation Services, c/o 500 E. Capitol, Pierre, SD 57501-9835.
The division may accept a complaint in an electronic format if it is
	 readily accessible in a format that can be downloaded, printed, or otherwise
	 maintained as a record for future reference.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:01 - Complaints and discipline › Section 46:31:01:04.02 - Notice to interpreter of complaint

Current through Register Vol. 51, page 10, July 15, 2024
The division shall provide written notice that a complaint has been
	 received and a copy of the facts of the complaint to the interpreter by first
	 class mail within ten business days after receipt of the complaint.
The interpreter must send a written response to the allegations to the
	 division within 30 business days after receipt of the written notice.
The division may accept a written response to the allegations in an
	 electronic format if it is readily accessible in a format that can be
	 downloaded, printed, or otherwise maintained as a record for future
	 reference.
Failure to respond in writing to the allegations within the time frame
	 required constitutes admission to the allegations and the division shall make a
	 decision without further investigation.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:01 - Complaints and discipline › Section 46:31:01:04.03 - Investigation of complaint

Current through Register Vol. 51, page 10, July 15, 2024
The division shall process the complaint and complete an investigation
	 within 90 business days of receipt of the complaint.
Within ten business days of completion of the investigation the
	 division shall make a decision and the interpreter shall be notified of the
	 following:
(1) The findings of the
  investigation;
(2) Any corrective
  action, if necessary, and the time-frame required for completion;
(3) The decision to be carried out if the
  corrective action is not completed to the satisfaction of the division within
  the required time frame; and
(4)
  The right to appeal any decision to deny, suspend, or revoke the interpreter's
  certification as provided in §
									46:31:01:05.01.
Upon conclusion of the investigation and arriving at a decision that
	 unprofessional conduct has been proven, the division may issue a letter of
	 reprimand, suspend, or revoke the interpreter's certification.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:01 - Complaints and discipline › Section 46:31:01:05 - Denial, suspension, or revocation of certificate

Current through Register Vol. 51, page 10, July 15, 2024
The department may suspend, deny, or revoke a registration or a
	 certificate for any of the following causes:
(1) The interpreter is convicted of a felony
  which makes the interpreter unfit to serve the public as an
  interpreter;
(2) The interpreter
  impersonates another person holding registration or interpreter certification
  with the department;
(3) The
  interpreter allows another person to use the interpreter's registration or
  certificate;
(4) The interpreter
  uses fraud, deception, or misrepresentation in the registration or
  certification process;
(5) The
  interpreter is adjudicated mentally incompetent by a court of competent
  jurisdiction;
(6) The interpreter
  harasses, abuses, or threatens anyone while providing interpreter
  services;
(7) The interpreter
  intentionally divulges confidential information relating to the certification
  process, including content, topic, vocabulary, skills, or any other testing
  materials;
(8) The interpreter does
  not keep all information in any interpreting situation in strictest
  confidence;
(9) The interpreter
  knowingly does not transmit all messages accurately and convey the content and
  mood of the speaker;
(10) The
  interpreter does not provide interpreting services that are competent,
  impartial, and professional;
(11)
  The interpreter counsels, advises, or interjects personal opinions in any
  interpreting situation; or
(12) The
  interpreter does not provide to the consumer information on consumer's rights
  and the role and appropriate use of interpreting services when
  requested;
(13) The interpreter was
  the subject of substantiated complaints prior to achieving South Dakota
  interpreter certification, or has lost or been denied certification or
  registration in another jurisdiction;
(14) The interpreter fails to meet the
  minimum requirements for certification or recertification as provided in this
  chapter; or
(15) The interpreter
  fails to adhere to the Code of Professional Conduct, effective July 1, 2005, as
  adopted by the National Association of the Deaf and the Registry of
  Interpreters for the Deaf.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
License proceeding treated as contested case, SDCL
		1-26-27.
NAD-RID Code of Professional Conduct.
A copy may be
		obtained free of charge on-line from the following website:
		http://www.rid.org/ethics/code/index.cfm
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:01 - Complaints and discipline › Section 46:31:01:05.01 - Appeal of denial, suspension, or revocation of certificate

Current through Register Vol. 51, page 10, July 15, 2024
An interpreter or applicant may appeal the denial, suspension, or
	 revocation of certification. An appeal shall be made in writing to the Director
	 of the Division of Rehabilitation Services within ten days of receipt of notice
	 regarding denial, suspension, or revocation of the interpreter's certificate.
	 The division director shall provide a determination within 30 days of receipt
	 of request for appeal. An interpreter dissatisfied with the division director's
	 determination may request a fair hearing, pursuant to SDCL chapter 1-26, by
	 notifying the department in writing within ten days of receipt of the division
	 director's decision. While denial, suspension, or revocation of certificate is
	 being appealed, the interpreter's certificate remains in effect until a final
	 decision is reached after a hearing.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-12.
License proceeding treated as contested case, SDCL
		1-26-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:01 - Complaints and discipline › Section 46:31:01:05.02 - Time and place of hearing - Time extension

Current through Register Vol. 51, page 10, July 15, 2024
A fair hearing by an impartial hearing officer shall be held within 90
	 days after receipt of such request by the interpreter or applicant. The
	 impartial hearing officer shall set a time and place for the hearing to be held
	 at the earliest reasonable time. Time extensions may be provided by the
	 impartial hearing officer, or at the request of any of the parties involved and
	 upon agreement of both parties to a specific extension of
	 time.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-26-27.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:02 - Interpreter registration and certification › Section 46:31:02:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Certificate," a document issued by the
  department or a national organization recognized by the department, which
  signifies that the interpreter for the deaf has met certain minimum
  requirements;
(2) "Certified
  interpreter," a person registered and certified with the department who
  performs interpreting as defined in SDCL
  1-36A-10.2;
(3) "Contact hour," one contact hour equals
  one continuing education unit;
(4)
  "Department," the Department of Human Services;
(5) "Educational interpreter performance
  assessment" or "EIPA," a diagnostic tool which is language-free, designed
  specifically for an interpreter working with children and young adults in an
  educational setting;
(6) "National
  Association of the Deaf" or "NAD," a national organization for the
  deaf;
(7) "Nationally certified
  interpreter," an interpreter for the deaf holding a valid NAD certificate or
  RID certificate;
(8) "South Dakota
  interpreter certification," a certificate issued by the department to an
  interpreter registering initially or annually by meeting the requirements in
  §
									46:31:02:03 or
  46:31:02:04;
(9) "Registration," the process by which an
  interpreters credentials and continuing education requirements, if required,
  are verified by the department and a South Dakota certificate is then
  issued;
(10) "Registry of
  Interpreters for the Deaf, Inc." or "RID," a national organization that
  certifies interpreters for the deaf.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.1,
		1-36A-10.2,
		1-36A-11,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:02 - Interpreter registration and certification › Section 46:31:02:04 - Annual registration

Current through Register Vol. 51, page 10, July 15, 2024
The department shall renew the registration of any individual who has a
	 South Dakota certificate that has not expired and submits a completed
	 registration form provided by the department no later than August 31 of each
	 year, the applicable fee, and one of the following documentations:
(1) A current NAD or RID certificate;
  or;
(2) Documentation verifying
  completion of any of the 80 contact hours required in § 46:31:02:04.01,
  provided by one of the entities listed in §
									46:31:04:01.
The department shall send notice of renewal to the interpreter at least
	 60 days prior to expiration of the interpreters current
	 certificate.
General Authority:
SDCL
		1-36A-10.5.
Law Implemented:
SDCL
		1-36A-10.1,
		1-36A-10.5,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:02 - Interpreter registration and certification › Section 46:31:02:04.01 - Continuing education maintenance cycle

Current through Register Vol. 51, page 10, July 15, 2024
Each interpreter must complete a minimum of 80 contact hours during a
	 four-year maintenance cycle. Each cycle is four years in length. However, the
	 first cycle for an interpreter initially registering with an EIPA assessment
	 score may be longer based on when the division grants the certificate. All
	 subsequent cycles for that interpreter will be exactly four years and will
	 begin September 1 and end August 31.
General Authority:
SDCL
		1-36A-10.5,
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.1,
		1-36A-10.5,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:02 - Interpreter registration and certification › Section 46:31:02:04.02 - Continuing education maintenance cycle extension

Current through Register Vol. 51, page 10, July 15, 2024
The division shall consider granting a one-year extension of the
	 continuing education maintenance cycle upon written request by an interpreter
	 in good standing. The request and accompanying documentation must be submitted
	 prior to the end of the interpreter's current four-year cycle.
The division shall grant an extension based on the inability to accrue
	 the required number of continuing education contact hours for any sudden and
	 unforeseeable traumatic, catastrophic, life-altering event that disrupts the
	 life of the certified interpreter or an immediate family member for a
	 considerable amount of time.
The granting of the extension does not delay the beginning of the
	 interpreter's new cycle. Once sufficient contact hours have been earned to
	 complete the extended cycle, any subsequent contact hours shall be applied to
	 the interpreter's new cycle.
General Authority:
SDCL
		1-36A-10.5,
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.1,
		1-36A-10.5,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:03 - Provisional certification › Section 46:31:03:01 - Eligibility requirements

Current through Register Vol. 51, page 10, July 15, 2024
Any individual applying for a provisional certificate must meet the
	 following requirements:
(1) Comply
  with the requirements of SDCL
  1-36A-10.4;
(2) Submit a completed provisional
  application provided by the department;
(3) Submit a plan pursuant to §
									46:31:03:02; and
(4) Submit the applicable fee.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.4,
		1-36A-12.
South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:31 - Interpreters for the deaf › Chapter 46:31:03 - Provisional certification › Section 46:31:03:02 - Approved plan

Current through Register Vol. 51, page 10, July 15, 2024
A self-identified professional development plan must be submitted to
	 the department for approval prior to a provisional certificate being issued.
	 The plan shall outline the individual plan of study and contact hours between
	 the mentor and the interpreter applying for provisional certification. The plan
	 shall require at a minimum eight contact hours of mentoring per month and 25
	 contact hours of continued interpreter education per year provided pursuant to
	 §
									46:31:04:01.
General Authority:
SDCL
		1-36A-12.
Law Implemented:
SDCL
		1-36A-10.4,
		1-36A-12.