South Dakota Administrative Code

Rule 46:11:07:11 Storage of controlled substances. 46:11:07:11. Storage of controlled substances. Each provider of direct HCB services shall have a policy that addresses the proper storage of Schedule II controlled substances. The policy shall include: (1) Any Schedule II control…

Rule 46:11:07:12 Medication destruction -- Documentation. 46:11:07:12. Medication destruction -- Documentation. The destruction of medication may only be done in accordance with the following requirements: (1) Medications that are not controlled substances under SDCL 34-20B may b…

Rule 46:11:07:13 Minimum education requirements for new employees who will administer medication. 46:11:07:13. Minimum education requirements for new employees who will administer medication. Any employee hired by a provider of direct HCB services after February 1, 1996, whose du…

Rule 46:11:07:14 Prior training. 46:11:07:14. Prior training. Any employee who has received prior medication administration training from another provider of direct HCB services must provide documentation with proof of prior training and demonstrate the level of proficiency requi…

Rule 46:11:07:15 Administration of medications via gastrostomy or jejunostomy tube. 46:11:07:15. Administration of medications via gastrostomy or jejunostomy tube. In accordance with SDCL subdivision 36-9-28(10), the administration of medications includes medication administered …

46:11:07:16. Preventive health care and immunizations. The provider of direct home and community-based (HCB) services shall offer education to a participant and assist the participant in obtaining preventive health care evaluations. The provider of direct HCB services will assist…

Rule 46:11:07:17 Annual blood levels. 46:11:07:17. Annual blood levels. The provider of direct HCB services shall assist the participant in obtaining blood levels at least annually or as recommended by the participant's physician related to specific medications or diagnoses. The …

Rule 46:11:08:00 Conflict of interest. 46:11:08:00. Conflict of interest. A participant may not receive direct HCB services and case management services from the same provider. Source: 43 SDR 9, effective August 2, 2016. General Authority: SDCL 27B-2-26(3). Law Implemented: SDCL …

46:11:08:01. Description of services. CHOICES waiver services must be tailored to the preferences and priorities of each participant. Each participant must receive at least one of the following waiver services each month: (1) Case management to include: (a) Developing the individ…

46:11:08:02. Participant's record. Any entry in the participant's record must be dated and signed and must include information that is accurate, complete, timely, and relevant to the participant's need for services or supports. A copy of the participant's record must be in a form…

Rule 46:11:08:03 Repealed. 46:11:08:03. Alternative day services. Repealed. Source: 40 SDR 102, effective December 3, 2013; 46 SDR 66, effective November 27, 2019.

Rule 46:11:08:04 Notice of reduction of services. 46:11:08:04. Notice of reduction of services. The provider shall inform the participant in writing of the intent to reduce services and the participant's right to appeal the reduction of services to the division, ten calendar days…

46:11:08:05. Termination of waiver services -- Provider initiated. A provider shall have a policy that addresses notice of termination services. At least thirty calendar days before a provider terminates services to a participant, the provider must provide notice of its intention…

Rule 46:11:08:05.01 Termination of waiver services -- Participant initiated. 46:11:08:05.01. Discontinuation of services -- Participant initiated. If a participant, the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any, choose…

Rule 46:11:08:06 Discharge summaries. 46:11:08:06. Discharge summaries. The provider must inform the division of each discharge no later than the end of the division's following work day on the form, DHS DD 751, provided by the division. The provider must send a copy of the parti…

Rule 46:11:08:07 Waiting list. 46:11:08:07 Waiting list. If a waiting list develops, the division shall assign a level of priority for applicants to the waiver. The first level is priority status, which is reserved for individuals who are at significant risk. An individual at sig…

46:11:09:01. Definitions. 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) “Co…

Rule 46:11:09:02 Responsibilities of a provider. 46:11:09:02. Responsibilities of a provider. (1) A provider delivering services under this chapter shall ensure that each employee providing service coordination: (a) Is at least 21 years of age; (b) Has passed a criminal backgroun…

Rule 46:11:09:03 Criteria for designation as a qualified provider. 46:11:09:03. Criteria for designation as a qualified provider. A qualified provider providing personal care, respite care, companion care, or supported employment under the provisions of this chapter must meet the…

Rule 46:11:09:04 Responsibilities of a qualified provider. 46:11:09:04. Responsibilities of a qualified provider. A qualified provider has the following responsibilities: (1) Comply with state and federal worker's compensation requirements; (2) Comply with division qualifications…

Rule 46:11:09:05 Critical incident report -- Submission to the division. 46:11:09:05. Critical incident report -- Submission to the division. A CSP, SP, or qualified provider, providing service under this chapter, shall give verbal notice of any critical incident involving a part…

Rule 46:11:09:06 Participant selection of a CSP, SP, or qualified provider. 46:11:09:06. Participant selection of a CSP, SP, or qualified provider. The participant may choose either a CSP, SP, or a qualified provider for delivery of services. Source: 40 SDR 102, effective Decembe…

46:11:09:07. Agency with choice model. Under the agency with choice model, the participant and the participant's family or guardian participate in the recruitment, interviewing, selection, training, and supervising of employees who will be providing the service. The provider is r…

46:11:09:07.01. Waiver services for agency with choice and common-law employer. The agency with choice and common-law employer models are limited to the following services: (1) Personal care 1; (2) Companion care; (3) Respite care; and (4) Supported employment. Source: 50 SDR 63,…

Rule 46:11:09:08 Notification to participant of providers, services, and rights. 46:11:09:08. Notification to participant of providers, services, and rights. The participant or the participant's parent or guardian shall be provided with the following: (1) A list of providers; (2)…

Rule 46:11:09:09 Waiting list. 46:11:09:09. Waiting list. If a waiting list develops, the division shall assign a level of priority for applicants to the waiver. The first level is priority status, which is reserved for individuals who are at significant risk. An individual at si…

46:11:09:10. Description of services. Any family support service must be participant-directed to the extent the participant and the participant's family or guardian can control their own budget for services and can recommend for hire individuals to the community support provider,…

Rule 46:11:09:11 ISP. 46:11:09:11. ISP. (1) The coordinator shall: (a) Identify the ISP team within 15 calendar days of service being initiated; (b) Complete the ISP within 30 calendar days of service being initiated; and (c) Implement the ISP within 45 calendar days of service b…

Rule 46:11:09:12 Support plan for services. 46:11:09:12. Support plan for services. Each participant that receives respite care, personal care 1, personal care 2, supported employment, or companion care services through the agency with choice model will have a support plan develo…

Rule 46:11:09:13 Budget utilization information to support participant directed services. 46:11:09:13. Budget utilization information to support participant directed services. A budget update that details what has been utilized regarding supports and services as outlined in the I…

Rule 46:11:09:14 Annual ISP meeting. 46:11:09:14. Annual ISP meeting. The coordinator shall convene a meeting of the participant and the participant's ISP team to review the ISP at least annually or more often as needed and modify the ISP as appropriate. Source: 40 SDR 102, effec…

Rule 46:11:09:15 ISP review and modification. 46:11:09:15. ISP review and modification. The coordinator shall monitor and discuss the implementation of the ISP quarterly with the participant and participant's family or guardian and document the review in quarterly progress notes.…

Rule 46:11:09:16 Participant's records. 46:11:09:16. Participant's records. Any entry in the participant's record shall be dated and signed and shall include information which is accurate, complete, timely, and relevant to the participant's needs for services or supports. A copy …

Rule 46:11:09:17 Transferred. 46:11:09:17. Transferred to § 46:11:09:04(9).

Rule 46:11:09:18 Transfer of participant's records. 46:11:09:18. Transfer of participant records. If a participant receiving services under this chapter transfers from one provider to another provider, the transferring entity shall deliver a copy of the participant's record to th…

Rule 46:11:09:19 Review of a provider. 46:11:09:19. Review of a provider. A satisfaction survey of participants receiving services under this chapter shall be conducted in conjunction with the biennial review. The billing review conducted pursuant to § 46:11:02:09 shall also incl…

46:11:09:20. Review of a qualified provider. Repealed. Source: 40 SDR 102, effective December 3, 2013; 50 SDR 63, effective November 28, 2023.

Rule 46:11:09:21 Statement of deficiencies and plan of correction. 46:11:09:21. Statement of deficiencies and plan of correction. If a qualified provider with a family support provider agreement fails to be in compliance, a statement of deficiencies noting areas of noncompliance …

Rule 46:11:09:22 Revocation of the provider agreement. 46:11:09:22. Revocation of the provider agreement. The division may revoke a provider agreement if the CSP, SP, or qualified provider fails to meet the requirements of this chapter. Source: 40 SDR 102, effective December 3, 2…

Rule 46:11:09:23 Rights of participants and parents or guardians. 46:11:09:23. Rights of participants and parents or guardians. A CSP, SP, or qualified provider providing services under this chapter shall adhere to the rights of a participant and parents or guardians listed in § …

Rule 46:11:09:24 Right of appeal. 46:11:09:24. Right of appeal. A participant or a participant's parent or guardian may appeal ineligibility, termination, or reduction of services by following the process in § 67:54:09:24. The participant will be provided with information on how …

Rule 46:11:10:01 Definitions. 46:11:10:01. Definitions. Terms used in this chapter mean: (1) "Coordinator," an individual employed by a provider, meeting the requirements of this chapter, to assist participants who receive family support services in gaining access to needed famil…

Rule 46:11:10:02 Local family support program. 46:11:10:02. Local family support program. A local family support program provides services, supports, and other assistance through a coordinator to a participant who has a developmental disability and lives in a home. Services, supp…

Rule 46:11:10:03 Repealed. 46:11:10:03. ISP. Repealed. Source: 40 SDR 102, effective December 3, 2013; 46 SDR 66, effective November 27, 2019.

Rule 46:11:10:04 Local family support provider. 46:11:10:04. Local family support provider. A local family support provider must be a CSP or SP and have a provider agreement with the division. Source: 40 SDR 102, effective December 3, 2013; 44 SDR 65, effective October 16, 2017. …

Rule 46:11:10:05 Local family support eligibility. 46:11:10:05. Local family support eligibility. Eligibility for local family support services is the same as is described in § 67:54:09:12. Source: 40 SDR 102, effective December 3, 2013; 46 SDR 66, effective November 27, 2019. Ge…

Rule 46:11:10:06 Strengthening families program. 46:11:10:06. Strengthening families program. The strengthening families program is available to a family who has a child or adult who meets eligibility criteria as defined in § 46:11:10:07 and who is not receiving services from a p…

Rule 46:11:10:07 Strengthening families program eligibility. 46:11:10:07. Strengthening families program eligibility. An individual must meet the following criteria to be eligible to receive items and services under the strengthening families program: (1) The individual must be a…

Rule 46:11:10:08 Strengthening families program notice of ineligibility. 46:11:10:08. Strengthening families program notice of ineligibility. The division shall determine eligibility for any individual applying for the strengthening families program within 14 calendar days of rec…

Rule 46:11:10:09 Appeal of ineligibility for strengthening families program services. 46:11:10:09. Appeal of ineligibility for strengthening families program services. An individual, an individual's parent if the individual is under 18years of age, or an individual's guardian, if…