South Dakota Administrative Code

46:11:02:05.01. Enrollment requirements for providers. Any organization seeking certification as a provider by the department must provide the following to the division: (1) A written statement requesting certification by the department; (2) A copy of the organization's bylaws or…

46:11:02:06. Provisional certification. To obtain provisional certification, an organization shall meet the requirements of this section and § 46:11:02:05.01. The provisional certification is effective for no more than two years. The organization shall: (1) Have a signed provider…

46:11:02:07. Certification requirements. When a provider meets the requirements of this article, the division shall issue a certificate. Source: 22 SDR 104, effective February 13, 1996; 24 SDR 190, effective July 16, 1998; 27 SDR 63, effective December 31, 2000; 40 SDR 102, effec…

Rule 46:11:02:08 Certification periods. 46:11:02:08. Certification periods. Certification is in effect for two years from the date it is granted unless it is extended or revoked by the department due to deficiencies relating to this article. The certification may be extended unti…

46:11:02:09. Biennial review for compliance with rules. The division shall conduct a biennial review of services and operations of providers, and their subcontractors, if any, that includes: (1) A review of compliance with the requirements of this article for providers; (2) A fis…

46:11:02:10. Statement of any deficiency and plan of enhancement. If the division determines that the provider is not in compliance with a requirement of this article, the division shall provide a statement of deficiencies to the provider. Within 15 calendar days after the receip…

Rule 46:11:02:11 Repealed. 46:11:02:11. Continuation of ATC certification. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

46:11:02:12. Probation. The division may impose probation, not to exceed one year, if a provider fails to demonstrate substantial compliance with the requirements in this article or engages in any action listed in subdivisions 46:11:02:14(1), (2), (3), (4), and (5). A provider ma…

Rule 46:11:02:13 Probation procedures. 46:11:02:13. Probation procedures. When the division places a provider on probation: (1) The division shall send the provider written notice of probationary status and a statement of deficiencies within five calendar days of the determinatio…

46:11:02:14. Revocation of certification. The department may revoke a provider's certification if the provider fails to meet the requirements of this article, or if the division finds that the provider has engaged in: (1) Permitting, aiding, or abetting the commission of any unla…

Rule 46:11:02:15 Procedure for revocation of certification. 46:11:02:15. Procedure for revocation of certification. The department shall notify the provider in writing within five calendar days of its determination to revoke certification. This notice shall contain: (1) The reaso…

Rule 46:11:02:16 Revocation of certification -- Services to participants. 46:11:02:16. Revocation of certification -- Services to participants. The division shall develop and implement a plan for maintaining services to participants upon the revocation of a provider's certificati…

Rule 46:11:02:17 Repealed. 46:11:02:17. Statement of deficiencies and plan of correction -- Probation. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:02:18 Repealed. 46:11:02:18. Documentation of certification. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013. Rule 46:11:02:18.01 Division visits. 46:11:02:18.01. Divisi…

Rule 46:11:02:18.01 Division visits. 46:11:02:18.01. Division visits. The division may review a provider at any given time without prior notice for the purposes of verifying the provider's compliance with this article and chapter 67:54:04. The provider must grant the division acc…

Rule 46:11:02:19 Appeal procedure. 46:11:02:19. Appeal procedure. If the provider is placed on probation or its certification or application for certification is denied, suspended, or revoked, the provider may appeal to the cabinet secretary of the department. The provider shall …

Rule 46:11:02:20 Time and place of hearing -- Time extension. 46:11:02:20. Time and place of hearing -- Time extension. A fair hearing by an impartial hearing officer shall be held within 90 days after the department receives a request by the provider. The hearing officer shall s…

46:11:03:00. Participant's rights. A provider must afford each participant served the following rights: (1) To be free from abuse, neglect, and exploitation; (2) To have privacy, dignity, confidentiality, and humane care; (3) To be able to communicate in private; (4) To be able t…

46:11:03:01. Provider policy on abuse, neglect, and exploitation. A provider may not allow or condone abuse, neglect, or exploitation of a participant. A provider shall have a policy on how to address allegations of abuse, neglect, or exploitation. The policy must comply with all…

Rule 46:11:03:02 Critical incident reports -- Submission to the division. 46:11:03:02. Critical incident reports -- Submission to division. The provider shall give verbal notice of any critical incident involving a participant to the division no later than the end of the division…

Rule 46:11:03:03 Repealed. 46:11:03:03. Termination of services -- Notification. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:03:04 Repealed. 46:11:03:04. Appeal of termination or ineligibility. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013. Rule 46:11:03:04.01 Repealed. 46:11:03:04.01. Time …

Rule 46:11:03:04.01 Repealed. 46:11:03:04.01. Time and place of hearing -- Time extension. Repealed. Source: 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:03:05 Repealed. 46:11:03:05. Discharge summaries. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:03:06 Procedures for grievances. 46:11:03:06. Procedures for grievances. Each provider shall have a written procedure for grievances approved by the division. The grievance procedure shall include the following: (1) A requirement that each participant, participant's pa…

Rule 46:11:03:07 Repealed. 46:11:03:07. Denial of services -- Appeal. Repealed. Source: 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:03:08 Rights restriction -- Due process. 46:11:03:08. Rights restriction -- Due process. The rights of the participant may only be restricted to protect the participant from endangering self or others or to provide specific services or supports as provided in SDCL 27B-…

Rule 46:11:03:09 Emergency rights restriction. 46:11:03:09. Emergency rights restriction. If the participant displays behavior that endangers self or others and requires an emergency rights restriction, the provider shall notify the participant's parent if the participant is unde…

Rule 46:11:03:10 Restoration plans. 46:11:03:10. Restoration plans. The participant's team shall develop a restoration plan when a participant's rights have been restricted. The participant and the participant's team shall develop a plan which shall include how the rights will be…

Rule 46:11:03:11 Release of information . 46:11:03:11. Release of information. The provider shall obtain consent prior to releasing a participant's confidential information. The consent shall: (1) Be time limited; (2) Specify the information to be released; (3) Specify to whom th…

Rule 46:11:04:01 Nonprofit corporations. 46:11:04:01. Nonprofit corporations. A CSP must be a nonprofit corporation incorporated according to SDCL chapters 47-22 to 47-28, inclusive. The CSP must meet the definition for tax exemption status according to § 501(c)(3) of the United …

Rule 46:11:04:02 Accounting systems, cost reporting and annual audits. 46:11:04:02. Accounting systems, cost reporting and annual audits. The provider shall maintain an accounting system pursuant to Generally Accepted Accounting Principles (GAAP). If required by the department, t…

Rule 46:11:04:03 Repealed. 46:11:04:03. Annual audits. Repealed. Source: 22 SDR 104, effective February 13, 1996; 23 SDR 2, effective July 18, 1996; 24 SDR 190, effective July 16, 1998; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 103, effective December 3, 2013.

46:11:04:04. Retention of records. A provider must maintain records for six years or supervise the maintenance of records, including: (1) Any applications for a person that was accepted and is receiving services including any supporting documents; (2) Any documents that determine…

Rule 46:11:04:05 Policy for disposition of records if provider closes. 46:11:04:05. Policy for disposition of records if provider closes. A provider must have a written policy governing the disposition of its paper or electronic records if the provider closes or transfers to a ne…

Rule 46:11:04:06 Repealed. 46:11:04:06. Transfer of records to new governing body. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:04:07 Insurance. 46:11:04:07. Insurance. A provider must carry insurance that includes general liability, property coverage, workers' compensation, automobile liability, and fidelity bonding insurance. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effecti…

Rule 46:11:04:08 Determination of product and service charges. 46:11:04:08. Determination of product and service charges. A provider that provides vocational training and employment by means of contract work must have policies and procedures that: (1) Address the time study proce…

Rule 46:11:04:09 Confidentiality and protection of records. 46:11:04:09. Confidentiality and protection of records. Each provider shall have a policy regarding the confidentiality of participant information to ensure that records, paper or electronic, are protected against loss, …

Rule 46:11:04:10 Repealed. 46:11:04:10. Administration of integrated and segregated residential services. Repealed. Source: 22 SDR 104, effective February 13, 1996; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December 3, 2013.

Rule 46:11:04:11 Participant information to be furnished to division. 46:11:04:11. Participant information to be furnished to division. The participant's case manager must submit the Inventory for Client and Agency Planning (ICAP) data pursuant to § 67:54:04:06. Failure to comply…

Rule 46:11:04:12 Service agreement modification. 46:11:04:12. Service agreement modification. If a provider discontinues services to a participant which were purchased by the department under chapter 67:54:03 or 67:54:04, the department may modify the provisions of that service a…

Rule 46:11:04:13 Management of personal finances. 46:11:04:13. Management of personal finances. The provider of direct HCB services may manage the participant's personal finances under the following conditions: (1) At the request of the participant; (2) At the request of the part…

Rule 46:11:04:14 Provider bylaws or other legal documents. 46:11:04:14. Provider bylaws or other legal documents. Each provider must adopt bylaws or other legal documents which state its purpose. The bylaws or other legal documents shall: (1) Provide for a rotating board of direc…

Rule 46:11:04:15 Hours open. 46:11:04:15. Hours open. Each provider's administrative office must be open 40 hours a week, Monday through Friday, except holidays. Source: 22 SDR 104, effective February 13, 1996; 23 SDR 2, effective July 18, 1996; 27 SDR 63, effective December 31, …

Rule 46:11:04:15.01 Staff orientation training. 46:11:04:15.01. Staff orientation training. The provider of direct HCB services shall ensure that all employees, including temporary employees and volunteers, responsible for providing supports and services to individuals are traine…

Rule 46:11:04:15.02 Employment screening. 46:11:04:15.02. Employment screening. Each provider must have a policy that addresses criminal background checks, felony convictions, and drug screenings for any new and current employees that provide direct service to participants. The p…

Rule 46:11:04:15.03 Case manager orientation. 46:11:04:15.03. Case manager orientation. The provider of case management services shall ensure that all employees responsible for providing case management services to individuals are trained on the minimum requirements necessary to …

Rule 46:11:04:16 Repealed. 46:11:04:16. Confidentiality of information. Repealed. Source: 24 SDR 190, effective July 16, 1998; 27 SDR 63, effective December 31, 2000; repealed, 40 SDR 102, effective December, 3, 2013.

Rule 46:11:05:01 ISP team -- Composition. 46:11:05:01. ISP team -- Composition. The following individuals shall have the opportunity to participate in the development of the ISP: (1) The participant; (2) The participant's parent if the participant is under 18 years of age; (3) Th…