South Dakota Administrative Code

Rule 46:24:03:02 Validation of information. 46:24:03:02. Validation of information. For the purpose of assuring the quality of submitted data, each reporting inpatient psychiatric facility shall allow the department to inspect the portions of a patient's medical records that are …

Rule 46:24:03:03 Quality assurance edits. 46:24:03:03. Quality assurance edits. The department may perform quality assurance edits on data entered into the child and adolescent inpatient psychiatric data collection system to ensure that all data are complete and accurately record…

Rule 46:24:04:01 Confidentiality of data. 46:24:04:01. Confidentiality of data. Information contained in the child and adolescent inpatient psychiatric data collection system may be used for medical or other research. Confidentiality of identifying data shall be maintained in acc…

Rule 46:24:04:02 Publication of data. 46:24:04:02. Publication of data. Published information may not contain an identifying number, mark, or description which can be readily associated with an individual who is or was the subject of a report of an inpatient psychiatric discharge…

Rule 46:24:05:01 Annual statistical summary. 46:24:05:01. Annual statistical summary. The department shall publish annual, statewide statistical summaries of information contained in the child and adolescent inpatient psychiatric data collection system. Annual summaries of data m…

Rule 46:30:01:01 Definitions. 46:30:01:01. Definitions. Terms used in this article mean: (1) "Audiologist," an individual as defined in SDCL 36-24-1.2; (2) "Deaf," a non-correctable, bilateral hearing loss of 90dB HL or more; (3) "Department," the Department of Human Services; (4…

Rule 46:30:01:02 Repealed. 46:30:01:02. Confidential information.Repealed. Source: 4 SDR 89, effective July 2, 1978; transferred from § 71:01:01:03, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 24 SDR 99, effective February 1, 1998.

Rule 46:30:01:03 Repealed. 46:30:01:03. Division responsible for administration of program.Repealed. Source: 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.

Rule 46:30:01:04 Vocational rehabilitation program -- Use of federal and state laws. 46:30:01:04. Vocational rehabilitation program -- Use of federal and state laws. Unless otherwise specified in this article, in carrying out the administration of SDCL chapter 28-9, the vocationa…

Rule 46:30:03:00 Repealed. 46:30:03:00. Administration of establishment grants and service to groups grants.Repealed. Source: 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.

Rule 46:30:03:01 Repealed. 46:30:03:01. Proof of nonprofit status required for establishment grants.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:01, effective July 1, 1977; transferred from § 71:02:02:01, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 4…

Rule 46:30:03:02 Selection of grants. 46:30:03:02. Selection of grants. The division shall select grants based on the following: (1) Professional and technical qualification of personnel; (2) Adequacy of equipment; (3) Adequacy of services rendered; and (4) Identified needs of pe…

Rule 46:30:03:03 Repealed. 46:30:03:03. Requisite for additional services for workshops and facilities.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:03, effective July 1, 1977; transferred from § 71:02:02:03, SL 1989, ch 21, § 3, effective July 1, 1989; repea…

Rule 46:30:03:04 Repealed. 46:30:03:04. Standards for agencies that receive grant awards.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:04, effective July 1, 1977; transferred from § 71:02:02:04, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effectiv…

Rule 46:30:03:05 Repealed. 46:30:03:05. Source of matching funds.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:05, effective July 1, 1977; transferred from § 71:02:02:05, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; re…

Rule 46:30:03:06 Repealed. 46:30:03:06. Costs allowable for establishment grants.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:06, effective July 1, 1977; transferred from § 71:02:02:06, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective Septem…

Rule 46:30:03:07 Repealed. 46:30:03:07. Costs not allowable for establishment grants.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:07, effective July 1, 1977; transferred from § 71:02:02:07, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective Se…

Rule 46:30:03:08 Repealed. 46:30:03:08. Grant project period -- Extensions.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:08, effective July 1, 1977; 15 SDR 107, effective January 26, 1989; transferred from § 71:02:02:08, SL 1989, ch 21, § 3, effective July 1,…

Rule 46:30:03:09 Reasons for terminating grants. 46:30:03:09. Reasons for terminating grants. The division may terminate grants when federal funds are exhausted. The division may also terminate grants for any of the following circumstances: (1) The project period ends and the age…

Rule 46:30:05:01 Notice of right to administrative review and fair hearings. 46:30:05:01. Notice of right to administrative review and fair hearings. Applicants for or consumers of vocational rehabilitation services shall be informed in writing or in an accessible format of their…

Rule 46:30:05:02 Right to administrative review. 46:30:05:02. Right to administrative review. An applicant or consumer of vocational rehabilitation services who is dissatisfied with a determination regarding eligibility or receipt of services from the division may submit a writte…

Rule 46:30:05:03 Time and place of review. 46:30:05:03. Time and place of review. A representative of the division shall meet with the aggrieved party at the earliest time convenient for both. The place for the review shall be the vocational rehabilitation office closest to the a…

Rule 46:30:05:04 Notice of results of review. 46:30:05:04. Notice of results of review. A representative of the division shall notify the aggrieved party in writing or in an accessible format of the determination within 10 working days after the date the review takes place. Sourc…

Rule 46:30:05:05 Right to fair hearing. 46:30:05:05. Right to fair hearing. An applicant or consumer of vocational rehabilitation services who is dissatisfied with a determination regarding eligibility or the receipt of services from the division may request a fair hearing by an …

Rule 46:30:05:06 Time and place of hearing. 46:30:05:06. Time and place of hearing. A fair hearing by an impartial hearing officer shall be held within 60 days after receipt by the division of a request by the applicant or consumer unless an extension of time is granted as specif…

Rule 46:30:05:07 Extensions of time. 46:30:05:07. Extensions of time. Except for the time limit established in § 46:30:05:14, time extensions may be provided by the impartial hearing officer or upon agreement of both parties to a specific extension of time. Source: 15 SDR 107, ef…

Rule 46:30:05:08 Contents of notice of hearing -- Waiver. 46:30:05:08. Contents of notice of hearing -- Waiver. Written or in an accessible format notice of the time and place set for hearing shall be issued to the aggrieved party at least 10 days before the hearing date. The not…

Rule 46:30:05:09 Requirements of fair hearing procedure. 46:30:05:09. Requirements of fair hearing procedure. Fair hearing procedure shall include an opportunity to develop the facts relevant to points in issue; confrontation and cross-examination of witnesses under oath; objecti…

Rule 46:30:05:10 Reexaminations authorized if hearing involves medical issues. 46:30:05:10. Reexaminations authorized if hearing involves medical issues. If the hearing involves a medical issue, the division director may authorize another medical assessment by a general practitio…

Rule 46:30:05:11 Adjournment of hearing. 46:30:05:11. Adjournment of hearing. The impartial hearing officer may adjourn a fair hearing from day to day or to a designated date upon notice to the parties. Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:08, effective July 1…

Rule 46:30:05:12 Record of hearing. 46:30:05:12. Record of hearing. The division director shall appoint a qualified person to act as reporter at the hearing and make a verbatim record of the testimony. Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:09, effective July 1,…

Rule 46:30:05:13 Written decision required after fair hearing. 46:30:05:13. Written decision required after fair hearing. The impartial hearing officer shall decide the issues presented at the fair hearing based on the Rehabilitation Act of 1973, as amended (August 7, 1988), the …

Rule 46:30:05:14 Review by secretary. 46:30:05:14. Review by secretary. Upon receipt of the impartial hearing officer's full written report and proposed decision, the secretary shall notify in writing or in an accessible format the applicant or consumer or the representative of t…

Rule 46:30:05:15 Written decision required after secretary's review. 46:30:05:15. Written decision required after secretary's review. Within 30 days after providing notice of intent to review the impartial hearing officer's report, the secretary shall make a final decision and pr…

Rule 46:30:05:16 Repealed. 46:30:05:16. Impartial hearing officer defined.Repealed. Source: 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:14, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 24 SDR 99, effective February 1, 1998.

Rule 46:30:05:17 Right to mediation. 46:30:05:17. Right to mediation. An applicant or a consumer of vocational rehabilitation services shall be informed of the right to mediation. Mediation shall be offered as an option when a fair hearing is requested. An applicant or consumer o…

Rule 46:30:06:01 Definition of terms. 46:30:06:01. Definition of terms. Terms defined in § 46:30:01:01 have the same meaning when used in this chapter. In addition, terms used in this chapter mean: (1) "Dependent family member," an individual who is single, living at home with pa…

Rule 46:30:06:01.01 Extenuating costs. 46:30:06:01.01. Extenuating costs. Extenuating costs consist of the following: (1) Medical expenses: the actual out-of-pocket costs of medical, dental, psychological, and personal assistant services for which there is evidence that payments …

Rule 46:30:06:01.02 Repealed. 46:30:06:01.02. Cost to clients.Repealed. Source: 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.

Rule 46:30:06:02 Repealed. 46:30:06:02. Services requiring economic need test.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:02, effective July 1, 1977; transferred from § 71:03:03:02, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective…

Rule 46:30:06:03 Repealed. 46:30:06:03. Services not requiring economic need test.Repealed. Source: SL 1975, ch 16, § 1; 3 SDR 20, effective September 19, 1976; transferred from § 67:30:03:03, effective July 1, 1977; 5 SDR 91, effective April 22, 1979; transferred from § 71:03:03…

Rule 46:30:06:04 Measurement of economic need. 46:30:06:04. Measurement of economic need. Vocational rehabilitation services requiring a determination of economic need may be provided to an individual with a disability whose total resources owned and yearly income earned meet the…

Rule 46:30:06:05 Repealed. 46:30:06:05. Determination of yearly family living expenses.Repealed. Source: 10 SDR 48, effective November 24, 1983; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:03:04.01, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SD…

Rule 46:30:06:06 Repealed. 46:30:06:06. Similar economic benefits to be given consideration -- Exceptions.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:05, effective July 1, 1977; transferred from § 71:03:03:05, SL 1989, ch 21, § 3, effective July 1, 1989; re…

Rule 46:30:06:07 Repealed. 46:30:06:07. Consideration of similar benefits.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:06, effective July 1, 1977; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:03:06, SL 1989, ch 21, § 3, effective July 1, …

Rule 46:30:06:08 Repealed. 46:30:06:08. Similar rehabilitation services to be used -- Exceptions.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:07, effective July 1, 1977; transferred from § 71:03:03:07, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 2…

Rule 46:30:06:09 Limit on tuition and fees at private educational institutions -- Exceptions. 46:30:06:09. Limit on tuition and fees at private educational institutions -- Exceptions. The department's payment for tuition and fees for eligible individuals attending private postsec…

Rule 46:30:07:01 Definitions. 46:30:07:01. Definitions. The terms used in this chapter mean: (1) "Attendant services," services of a personal attendant performed on behalf of and at the direction of a consumer to allow the consumer to remain at home; (2) "Income," money received …

Rule 46:30:07:02 Repealed. 46:30:07:02. Application. Repealed. Source: 23 SDR 2, effective July 18, 1996; repealed, 38 SDR 213, effective June 18, 2012.

Rule 46:30:07:03 Eligibility. 46:30:07:03. Eligibility. A consumer is eligible for attendant services if the consumer meets the following requirements: (1) Has an injury to the spinal cord, 8th vertebrate in the neck or above, causing severe paralysis of both lower limbs or trunk…