South Dakota Administrative Code

24:14:04:04.03. Use of public benefits or insurance -- Parental refusal to consent. If a parent does not provide consent to access public benefits or insurance to pay for Part C services, the Part C program must provide early intervention services on the individualized family ser…

Rule 24:14:04:04.04 Use of public benefits or insurance -- Parental notification 24:14:04:04.04. Use of public benefits or insurance -- Parental notification. The department shall provide written notification to a child's parents before using the child's or parent's public benefi…

24:14:04:04.05. Use of private insurance -- Parental consent required. The department may not use the private insurance of a parent of an infant or toddler with a disability to pay for Part C services unless the parent provides parental consent, consistent with this article inclu…

24:14:04:04.06. Use of private insurance -- Parental refusal to consent. Early intervention services, as specified in the child's individualized family service plan (IFSP) and to which the parent has consented, may not be denied due to a parent's refusal to allow the parent's or …

24:14:04:04.07. Use of private insurance -- Copy of system of payments. When obtaining parental consent as required by § 24:14:04:04.05, or initially using benefits under a child's or parent's private insurance policy to pay for an early intervention service, the department shall…

Rule 24:14:04:05 Identification and coordination of resources. 24:14:04:05. Identification and coordination of resources. The department is responsible for the identification and coordination of all available resources for early intervention services within the state, including t…

Rule 24:14:04:06 Federal funding source. 24:14:04:06. Federal funding sources. The federal funding sources that may be used for services listed in chapter 24:14:08 include the following, all as in effect on January 1, 2012: (1) Title V of the Social Security Act; (2) Title XIX of…

Rule 24:14:04:06.01 Proceeds from public insurance and benefits or private insurance. 24:14:04:06.01. Proceeds from public insurance and benefits or private insurance. Proceeds from public insurance and benefits or private insurance are not treated as program income for purposes …

Rule 24:14:04:07 Interagency agreements. 24:14:04:07. Interagency agreements. The department shall enter into formal interagency agreements with other state level agencies involved in the Part C program. These agreements, at a minimum, must address financial responsibility for pa…

Rule 24:14:04:08 Agency resolution of disputes. 24:14:04:08. Agency resolution of disputes. The department shall ensure a timely resolution of individual disputes in accordance with the procedures in this chapter. This includes intra- and interagency disputes about payments for a…

24:14:04:09. Interagency dispute resolution procedures. Interagency disputes shall be reviewed and resolved by the department secretaries. If, in resolving the dispute, the department secretaries determine that the assignment of financial responsibility under this chapter was ina…

Rule 24:14:04:10 Payer of last resort. 24:14:04:10. Payer of last resort. Except as provided in § 24:14:04:11, funds under this article may not be used to satisfy a financial commitment for services that would otherwise have been paid for from another public or private source, in…

Rule 24:14:04:11 Service provision during pendency of dispute. 24:14:04:11. Service provision during pendency of dispute. During the pendency of a dispute, if necessary to prevent a delay in the timely provision of services to an eligible child or the child's family, the departme…

24:14:04:12. Payment for provision of early intervention services. The department shall pay providers for authorized services according to the established Medicaid rates, as referenced in § 67:16:02:01.01. Eligible early intervention services are reimbursed at the Medicaid rate. …

24:14:04:12.01. Reimbursement if travel is necessary solely to provide early intervention service. Reimbursement of travel is available to a service provider only if travel is necessary solely to provide early intervention services. If the service provider is required to travel t…

24:14:04:12.02. Reimbursement for travel to place of other employment. The travel between a service provider's home and that provider's other place of employment unless for the purpose of providing early intervention services, is not eligible for reimbursement if the provider tra…

24:14:04:13. Reimbursement for travel. Travel to and from service provision sites is reimbursed to the service provider at a flat rate based on actual miles traveled. The flat rate is $1.00 per mile. This rate must be adjusted annually by the secretary to reflect the legislative …

24:14:04:14. Mileage reimbursement. Repealed. Source: 26 SDR 153, effective May 22, 2000; 49 SDR 7, effective July 31, 2022.

24:14:04:15. Services provided by paraeducators. Repealed. Source: 26 SDR 153, effective May 22, 2000; 49 SDR 7, effective July 31, 2022.

24:14:04:16. Services provided by assistants. Certified occupational therapy assistants, physical therapy assistants, and speech language pathology assistants are reimbursed at 70 percent of the provider rate established under this chapter. Source: 26 SDR 153, effective May 22, 2…

24:14:04:17. Submission of bills. A claim for reimbursement submitted under this chapter must be submitted within three months of provision of service. Source: 26 SDR 153, effective May 22, 2000; 49 SDR 7, effective July 31, 2022. General Authority: SDCL 13-37-1.1 Law Implemented…

Rule 24:14:04:18 State payment as payment in full. 24:14:04:18. State payment as payment in full. Payment under this article made in behalf of the individual is considered payment in full for covered services rendered. No additional charges may be made to family, friends, or the …

24:14:04:19. Payment above established rate. Repealed. Source: 26 SDR 153, effective May 22, 2000; 35 SDR 82, effective October 22, 2008; 49 SDR 7, effective July 31, 2022.

Rule 24:14:04:20 More than one service provided during the same unit of time. 24:14:04:20. More than one service provided during the same unit of time. Each provider is reimbursed at 60 percent of the provider rate established under this chapter, if services are being simultaneou…

Rule 24:14:04:21 More than one child receiving service at the same time. 24:14:04:21. More than one child receiving service at the same time. Payment is pro-rated if services are provided in a group setting for more than one eligible child. Services provided to the first child ar…

24:14:04:22. Claim requirements. A claim for individualized family service plan services provided under this chapter must be submitted electronically through the department's online Part C system. Source: 26 SDR 153, effective May 22, 2000; 49 SDR 7, effective July 31, 2022. Gene…

24:14:05:01. Data collection. The department shall compile data on the Part C program necessary to fulfill federal reporting requirements and other state reporting purposes. The data collection system must include a process for collecting data from agencies and service providers …

24:14:05:02. Contents of client information report. Repealed. Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012; 49 SDR 7, effectiv…

Rule 24:14:05:03 Repealed. 24:14:05:03. Contents of personnel report.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:05:04 Repealed. 24:14:05:04. Contents of agency improvement report.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:05:05 Repealed. 24:14:05:05. Data collection forms, timelines, assistance, and training.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:05:06 Repealed. 24:14:05:06. Responsibility of local agency.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

24:14:05:07. Information repository. Repealed. Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008;49 SDR 7, effective July 31, 2022.

Rule 24:14:07:01 Informed clinical opinion. 24:14:07:01. Informed clinical opinion. The opinions of qualified personnel from a variety of disciplines, chosen on the basis of child and family strengths and needs, including the following, are considered informed clinical opinion: (…

24:14:07:02. Children eligible for services. Infants and toddlers, from birth to 36 months of age, inclusive, are eligible for services under this article if identified by providers of licensed health care and education services as: (1) Demonstrating a developmental delay of at l…

24:14:07:03. Areas manifesting developmental delay. Developmental delay may be manifested in one or more of the following areas: (1) Cognitive development; (2) Communication development, including receptive or expressive, or both; (3) Social or emotional development; (4) Adaptive…

Rule 24:14:07:04 Eligibility verification. 24:14:07:04. Eligibility verification. The verification of eligibility for early intervention services is obtained through a multidisciplinary evaluation pursuant to chapter 24:14:12 that uses the infant's or toddler's history obtained f…

24:14:08:01. General requirements for early intervention services. Early intervention services are developmental services that meet the following requirements: (1) Are designed to meet the developmental needs of each child eligible under this article and the needs of the family r…

Rule 24:14:08:02 Natural environments. 24:14:08:02. Natural environments. To the maximum extent appropriate to the needs of the child, early intervention services must be provided in natural environments, including the home and community settings in which children without disabil…

24:14:08:03. General role of service providers. To the extent applicable, service providers in each area of early intervention services are responsible for: (1) Consulting with parents, other service providers, and representatives of community agencies to ensure the effective pro…

24:14:08:04. Types of early intervention services. The types of services included under early intervention services are specified in §§ 24:14:08:05 to 24:14:08:20, inclusive, and are not exhaustive lists of the types of services that may constitute early intervention services. No…

Rule 24:14:08:05 Audiology services. 24:14:08:05. Audiology services. Audiology services include the following: (1) Identification of children with auditory impairment, using at-risk criteria and appropriate audiological screening techniques; (2) Determination of the range, natur…

Rule 24:14:08:06 Service coordination. 24:14:08:06. Service coordination. Service coordination includes assistance and services as described in chapter 24:14:09 and provided by a service coordinator to a child eligible under this article and to the child's family. Source: 20 SDR …

Rule 24:14:08:07 Family training, counseling, and home visits. 24:14:08:07. Family training, counseling, and home visits. Family training, counseling, and home visits are services provided by social workers, psychologists, and other qualified personnel to assist the family of a c…

Rule 24:14:08:08 Medical services for diagnosis or evaluation. 24:14:08:08. Medical services for diagnosis or evaluation. Medical services for diagnostic or evaluation purposes are services provided by a licensed physician to determine a child's developmental status and need for …

Rule 24:14:08:09 Nursing services. 24:14:08:09. Nursing services. Nursing services include the following: (1) The assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health proble…

Rule 24:14:08:10 Nutrition services. 24:14:08:10. Nutrition services. Nutrition services include the following: (1) Conducting individual assessments in the following: (a) Nutritional history and dietary intake; (b) Anthropometric, biochemical, and clinical variables; (c) Feeding…