South Dakota Administrative Rules › Title 46 - Department of Human Services › Article 46:11 - Developmental disabilities › Chapter 46:11:09 - Family support waiver services › Section 46:11:09:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Agency with choice," a co-employment
  option between a provider and a participant for participant-directed services
  in which the provider is the employer of record and the participant is the
  managing employer.
(2) "Common-law
  employer model," an option for participant-directed services in which the
  participant, or their designated representative serves as the employer of
  record, and a financial management services provider assists with enrollment,
  accounting, reporting, payroll, and taxes;
(3) "Companion care services," non-medical
  services for developing a participant's independent living skills;
(4) "Consent," voluntary approval given in
  writing, orally, or impliedly by the action of a person with adequate
  information and sufficient understanding to comprehend the consequences of the
  decision;
(5) "Coordinator," an
  individual employed by a provider meeting the requirements of this chapter, to
  assist participants in gaining access to family support as well as necessary
  medical, social, educational, and other services, regardless of the funding
  source;
(6) "Employer of record,"
  any provider providing family support services pursuant to this chapter and who
  hires the employee, processes employment forms, provides training to program
  participants and employees if requested, and manages the payroll
  function;
(7) "Family," a person or
  a group of people who are related to the participant by blood, marriage, or
  adoption, or define themselves as a family based upon bonds of affection, and
  who currently share a household with the participant or have, in the past,
  shared a household with the participant. For the purposes of this subdivision,
  the phrase, bonds of affection, means enduring ties that do not depend on the
  existence of an economic relationship and the relationship is expected to
  endure over time;
(8) "Financial
  management services," tracking expenditures against the individual's budget for
  participant-directed services. When used in conjunction with employer
  authority, financial management services include, operating a payroll service
  participant-employed staff and making required payroll withholdings. Financial
  management services may also include paying invoices for waiver goods and
  services;
(9) "Financial management
  services provider," an entity providing financial management services to a
  participant;
(10) "Goals," outcomes
  expected to be achieved by a participant for each service received, stated in
  measurable terms so that their attainment can be determined, and should be
  attained within five years;
(11)
  "Home and community based services" (HCBS), the services contained in this
  chapter that are provided by a community support provider, support provider, or
  qualified provider meeting the requirements of this chapter, to a participant
  who, without these services, would require placement in an intermediate care
  facility for individuals with intellectual disabilities, as defined in the Code
  of Federal Regulations 42
  CFR 435.1009, in effect on January 1,
  2007;
(12) "Managing employer," any
  participant receiving services pursuant to this chapter or the participant's
  guardian or family who is responsible for recruitment, hiring recommendations,
  dismissal determinations, training of employees, determining what tasks are to
  be performed, and submitting and approving employees' timecards;
(13) "Participant-directed services," a
  service arrangement whereby the participant may choose any individual the
  participant desires to assist with the design of services, the selection of
  service providers, and decisions of how the authorized funding is to be spent
  based on the participant's ISP;
(14) "Personal care services," services that
  enable the participant to accomplish tasks that the participant would normally
  do if the participant did not have a disability;
(15) "Qualified provider," one that enters
  into an agreement with the division to provide personal care 1, personal care
  2, respite care, companion care, or supported employment services to a
  participant;
(16) "Services," a
  system of formalized supports, generic or specialized;
(17) "Subcontractor," an individual or
  organization that enters into an agreement with a participant and an organized
  health care delivery system to provide services to the participant;
(18) "Supported employment," services
  directed towards assisting participants to obtain and retain paid employment in
  community settings.
(19) "Waiver,"
  a program of services for which the state requests to waive federal
  comparability requirements, in order to offer HCBS to specific groups of
  individuals as an alternative to institutional care.
General Authority:
SDCL
		27B-1-15(2),
		27B-2-26.
Law Implemented:
SDCL
		27B-2-26(7).