South Dakota Administrative Code

Rule 46:11:10:10 Services and supports. 46:11:10:10. Services and supports. Services and supports are based on each participant's needs as identified through an assessment process and must be agreed to by the participant, the participant's parent if the participant is under 18 ye…

Rule 46:11:10:11 Prior authorization required. 46:11:10:11. Prior authorization required. The coordinator must approve the purchase of any services or supports covered under this chapter for the local family support program before the services or supports are purchased. The divis…

Rule 46:11:10:12 Repealed. 46:11:10:12. Funding availability. Repealed. Source: 40 SDR 102, effective December 3, 2013; 46 SDR 66, effective November 27, 2019.

Rule 46:11:10:13 Non-covered expenses. 46:11:10:13. Non-covered expenses. The following items are not covered: (1) Incontinence supplies for a child under three; (2) Vehicles; (3) Purchases made without the prior approval of the coordinator for the local family support program or…

Rule 46:11:10:14 Safety assurance. 46:11:10:14. Safety assurance. The coordinator must assess that services funded by the local family support program are provided in a safe environment. The division shall provide an internal checklist for home and community resources and a check…

Rule 46:11:10:15 Termination of services or benefits. 46:11:10:15. Termination of services or benefits. Services or payment of items or supplies may be terminated if: (1) The participant no longer meets eligibility criteria pursuant to § 46:11:10:05 or 46:11:10:07; (2) A misuse o…

Rule 46:11:10:16 Appeal of ineligibility or termination of local family support services. 46:11:10:16. Appeal of ineligibility or termination of local family support services. A participant, a participant's parent if the participant is under 18 years of age, or a participant's gu…

Rule 46:11:11:01 Definitions. 46:11:11:01. Definitions. Terms used in this chapter mean: (1) "Earned income," cash or in-kind payments consisting of wages or net earnings from self-employment; (2) "Gross income," sums of money received from both earned and unearned income before …

Rule 46:11:11:02 Community training services. 46:11:11:02. Community training services. Community training services, or CTS, are those services a participant may receive during a given week. These services must meet the service standards of chapter 46:11:05. These services includ…

Rule 46:11:11:03 Eligibility. 46:11:11:03. Eligibility. To be eligible to receive CTS a participant shall meet the following criteria: (1) Have a developmental disability as defined in SDCL 27B-1-18; (2) Be at least 16 years of age or if 21 years of age or younger, may not be eli…

Rule 46:11:11:04 Unearned income defined. 46:11:11:04. Unearned income defined. Unearned income is all income that is not earned. It may be received in cash or in kind. The following are types of unearned income: (1) Annuities, pensions, and other periodic payments, such as priva…

46:11:11:05. Payment for CTS. Community training services must be provided cost-free to an eligible participant whose net income is less than 185 percent of the federal poverty level or who is a recipient of, or eligible for, Supplemental Security Income. If the participant's inc…

Rule 46:11:11:06 Special emergency provision. 46:11:11:06. Special emergency provision. To be eligible to receive a special emergency provision a participant shall meet the following criteria; (1) Have an income that falls below 115 percent of the state median income; (2) Be at i…

Rule 46:11:11:07 Appeal of ineligibility of services. 46:11:11:07. Appeal of ineligibility of services. A participant, a participant's parent if the participant is under 18 years of age, or a participant's guardian, if any, may appeal the agency's decision regarding ineligibility…

Rule 46:11:12:01 Definitions. 46:11:12:01. Definitions. Terms used in this chapter mean: (1) "Respite care," services provided to families of a child or adult participant for a short time because of the absence of or need for relief of the family member normally providing the car…

Rule 46:11:12:02 Eligibility. 46:11:12:02. Eligibility. A family residing in South Dakota may be eligible for respite care if the family has a child or adult family member who lives with a parent or other family member on a full-time basis and one of the following apply to the ch…

Rule 46:11:12:03 Application and approval. 46:11:12:03. Application and approval. A family who wishes to participate in the respite care program must submit a signed, completed application to the division on the form provided by the division. If the application is approved, Infor…

Rule 46:11:12:04 Documentation required. 46:11:12:04. Documentation required. If the individual has a developmental disability, developmental delay, traumatic brain injury, or chronic medical condition, a copy of a document containing the diagnosis and name of the physician, psyc…

Rule 46:11:12:05 Notice of ineligibility. 46:11:12:05. Notice of ineligibility. If the division determines that a family is ineligible, the division shall notify the family in writing of the reason for ineligibility within 60 calendar days upon receipt of the completed applicatio…

Rule 46:11:12:06 Providers. 46:11:12:06. Providers. Any family participating in the respite care program is responsible for recruiting, screening, selecting, and training respite care providers. Source: 40 SDR 102, effective December 3, 2013. General Authority: SDCL 27B-2-26(6). …

Rule 46:11:12:07 Mid-year application. 46:11:12:07. Mid-year application. An eligible family that applies after December 1 may receive authorization for up to one-half the current annual amount allotted to that family. Source: 40 SDR 102, effective December 3, 2013. General Autho…

Rule 46:11:12:08 Extraordinary respite care funding. 46:11:12:08. Extraordinary respite care funding. After the first six months of the state's fiscal year, additional respite care funding may be authorized for a family after the annual amount allotted to that family has been exp…

Rule 46:11:12:09 Recovery of overpayments. 46:11:12:09. Recovery of overpayments. Any respite care payment made as a result of an agency error, client error, or fraud is considered an overpayment and is subject to recovery by the division. Source: 40 SDR 102, effective December 3…

Rule 46:11:12:10 Termination of services. 46:11:12:10. Termination of services. Services shall terminate when: (1) The family no longer meets the eligibility criteria as defined in § 46:11:12:02; (2) A misuse of funds is substantiated; or (3) There is a request by the family or t…

Rule 46:11:12:11 Appeal of ineligibility or termination. 46:11:12:11. Appeal of ineligibility or termination. A family may appeal the division's decision regarding ineligibility or termination of services by requesting a fair hearing pursuant to SDCL 1-26 by notifying the departm…

Rule 46:11:12:12 Time and place of hearing -- Time extension. 46:11:12:12. Time and place of hearing -- Time extension. A fair hearing, pursuant to SDCL 1-26, by an impartial hearing officer shall be held within 90 calendar days after receipt for a request by the participant or t…

46:11:13:01. Definitions. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:02. Level I screening. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:03. Level II review exemptions. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:04. Exempt hospital discharge. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:05. Categorical determinations for Level I. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:06. Level II review. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:07. Level II determination -- Data requirements. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:08. Determination of services. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:09. Determination of specialized services. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:10. Timeliness of determination of Level II review. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:11. Notification of Level II determination. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:12. Determination may not be countermanded. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:13. Appeal of ineligibility of Level II determination. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:14. Length of stay. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:15. Individuals not requiring swing bed or nursing facility services but requiring specialized services -- 30 month determination. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229 effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:16. Significant change. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:17. New admission and readmission. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:18. Interfacility transfers. Repealed. Source: 40 SDR 102, effective December 3, 2013; 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

46:11:13:19. Out-of-state placement. Repealed. Source: 40 SDR 229, effective June 30, 2014; 52 SDR 41, effective October 27, 2025.

Rule 46:17:01:01 Definitions. 46:17:01:01. Definitions. Terms used in this article mean: (1) "Active treatment," the implementation of a program of specialized and generic training, treatment, health services, and related services that lead to the acquisition of the behaviors nec…

Rule 46:17:02:01 Rights. 46:17:02:01. Rights. At the time of admission, and at least annually thereafter, each person supported shall be informed both verbally and in writing of the rights enumerated in SDCL 27B-8-36 to 27B-8-45, inclusive. Reasonable limitations may be placed up…

Rule 46:17:02:02 Grievance procedure. 46:17:02:02. Grievance procedure. An ICF/IID shall have a written grievance procedure whereby the person supported, the parents if the person is under 18 years of age, a guardian or advocate, if any, may grieve a decision or action by the ICF…

46:17:02:03. Termination of services -- Notification. Before an ICF/IID terminates services to a person supported, the ICF/IID must provide notice of its intention in accordance with SDCL 27B-3-46. Notice must be given both orally and in writing to the person. Accommodations must…

Rule 46:17:02:04 Appeal of termination. 46:17:02:04. Appeal of termination. The person supported, the guardian, if any, or the parent if the person is under 18 years of age, may appeal the decision of the ICF/IID to terminate services to the secretary of the department by submitt…