South Dakota Administrative Code

Rule 46:30:07:04 Eligibility for other attendant services programs. 46:30:07:04. Eligibility for other attendant services programs. The consumer must apply for any other attendant services programs available to the consumer. If the consumer is eligible for attendant services from…

Rule 46:30:07:05 Assessment and service plan. 46:30:07:05. Assessment and service plan. The department, in consultation with the consumer, shall assess the consumer's capacity to live independently and the consumer's attendant services needs. The department and the consumer shall…

Rule 46:30:07:06 Reimbursable services. 46:30:07:06. Reimbursable services. Reimbursable services are as follows: (1) Practicing infection control methods; (2) Handling and disposing of body fluids; (3) Bathing, including bed, tub, shower, and baths; (4) Caring for hair, includin…

Rule 46:30:07:07 Cost sharing. 46:30:07:07. Cost sharing. The consumer must participate in a percentage of the cost for attendant services if the percentage is greater than zero. The percentage of cost is determined using the following formula: Consumer's monthly income-(3 x maxi…

Rule 46:30:07:08 Procedure for obtaining reimbursement. 46:30:07:08. Procedure for obtaining reimbursement. The department shall pay the consumer for approved reimbursable services in § 46:30:07:06. The consumer must submit a monthly bill on a form provided by the department by t…

Rule 46:30:07:09 Notice of change in income and resources. 46:30:07:09. Notice of change in income and resources. The consumer must immediately inform the department of any changes in the consumer's income and resources. Source: 23 SDR 2, effective July 18, 1996. General Authorit…

Rule 46:30:07:10 Annual review of service plans, income, and resources. 46:30:07:10. Annual review of service plans, income, and resources. The department shall review service plans annually. They must be approved by the consumer's physician, the case manager, and the department.…

Rule 46:30:07:11 Discontinuance of attendant services. 46:30:07:11. Discontinuance of attendant services. The department may discontinue services for the following reasons: (1) The consumer can no longer benefit from attendant services under this chapter; (2) The consumer's healt…

Rule 46:30:07:12 Notice of appeal. 46:30:07:12. Notice of appeal. The department shall notify the consumer in writing of the consumer's ineligibility to receive services within 30 days of application or of termination of services at least ten days before termination. The notice s…

Rule 46:30:08:01 Definitions. 46:30:08:01. Definitions. Terms used in this chapter mean: (1) "Applicant," a parent or legal guardian of an individual less than 21 years of age or an individual less than 21 years of age; (2) "Cochlear implant," a surgically implanted device that a…

Rule 46:30:08:02 Cochlear implant services. 46:30:08:02. Cochlear implant services. Cochlear implant services under this chapter are limited to those covered services in § 46:30:08:03 for an applicant determined eligible pursuant to § 46:30:08:04. Cochlear implant services shall …

Rule 46:30:08:03 Covered services. 46:30:08:03. Covered services. The fund created by § 49-31-50 may only be used for the following devices and services: (1) Cost of implant surgery for one or both ears; (2) Cost of two implant devices; (3) Surgeon's usual and customary fee; (4) …

Rule 46:30:08:04 Eligibility criteria. 46:30:08:04. Eligibility criteria. To be eligible for funding for the services described in § 46:30:08:03 the applicant must meet the following criteria: (1) Is an individual less than 21 years of age at the time of application; (2) Is a res…

Rule 46:30:08:05 Application. 46:30:08:05. Application. The applicant shall submit a completed and signed application on a form provided by the division and shall include the following information: (1) Documentation from the applicant's implant surgeon that one or two cochlear im…

Rule 46:30:08:06 Notice of ineligibility determination. 46:30:08:06. Notice of ineligibility determination. If the division determines that an applicant is ineligible, the division shall notify the applicant in writing within 60 days of receipt of the completed application. The n…

Rule 46:30:08:07 Repealed. 46:30:08:07. Additional information required if eligible. Repealed. Source: 32 SDR 32, effective August 29, 2005; repealed, 34 SDR 179, effective December 24, 2007.

Rule 46:30:08:08 Preauthorization and payment. 46:30:08:08. Preauthorization and payment. Any payment for funding of the covered services listed in § 46:30:08:03 must be preauthorized by the division. The division shall issue payment only after all health insurance payments have …

Rule 46:30:08:09 Coverage limits -- Uninsured. 46:30:08:09. Coverage limits -- Uninsured. An eligible applicant who is not covered by any health insurance plan shall receive coverage for those services listed in § 46:30:08:03. Source: 32 SDR 32, effective August 29, 2005. General…

Rule 46:30:08:10 Coverage limits -- Insured. 46:30:08:10. Coverage limits -- Insured. An eligible applicant who is covered by any health insurance plan or third party payor may only receive funds for those amounts incurred and payable by the covered person under the deductible an…

Rule 46:30:08:11 Billing procedures. 46:30:08:11. Billing procedures. The division shall pay the provider after receiving the following pertinent billing information: (1) A completed, standardized billing form; (2) An itemized statement of preauthorized services rendered; and (3)…

Rule 46:30:08:12 Recovery of overpayments. 46:30:08:12. Recovery of overpayments. Any payment made for services because of incorrect information or any other type of error by the applicant or provider shall be considered an overpayment and is subject to recovery by the division. …

Rule 46:30:08:13 Appeal of ineligibility. 46:30:08:13. Appeal of ineligibility. An applicant may appeal the division's decision regarding ineligibility for the services provided pursuant to this chapter. An applicant dissatisfied with the division's determination regarding eligib…

Rule 46:30:08:14 Time and place of hearing -- Time extension. 46:30:08:14. Time and place of hearing -- Time extension. A fair hearing, pursuant to SDCL chapter 1-26, by an impartial hearing officer, shall be held within 90 days after receipt for a request by the applicant. The i…

Rule 46:30:09:01 Purpose. 46:30:09:01. Purpose. The purpose of the TED program is to provide accessible telecommunication devices and services for individuals who are deaf, deaf/blind, hard of hearing, or have a speech impairment. Source: 41 SDR 53, effective October 8, 2014. Gen…

Rule 46:30:09:02 Services. 46:30:09:02. Services. TED services include: (1) Assessment; (2) Telecommunication equipment; and (3) Training. Source: 41 SDR 53, effective October 8, 2014. General Authority: SDCL 28-9-44, 49-31-56.1. Law Implemented: SDCL 28-9-44, 49-31-47.

46:30:09:03. Eligibility criteria. To be eligible for services through the Telecommunications Equipment Distribution (TED) program, the applicant must: (1) Be a resident of South Dakota; (2) Be deaf, deaf-blind, hard of hearing, or have a speech impairment; (3) Have a household i…

Rule 46:30:09:04 Financial need. 46:30:09:04. Financial need. The department's financial contribution is based on the applicant's household income and is paid according to a fee schedule established by the department. Source: 41 SDR 53, effective October 8, 2014. General Authorit…

Rule 46:30:09:05 Application. 46:30:09:05. Application. The applicant shall submit an application for the TED program directly to an authorized provider. The authorized provider will notify the applicant of the results of the eligibility determination within 30 calendar days of r…

Rule 46:30:09:06 Recipient training. 46:30:09:06. Recipient training. The authorized provider shall provide training to each recipient on proper usage of the telecommunications equipment. The authorized provider may provide additional training to ensure the recipient has the abil…

Rule 46:30:09:07 Recipient responsibility. 46:30:09:07. Recipient responsibility. Each recipient is responsible for proper care of telecommunications equipment provided by the program, and an authorized provider may determine a recipient ineligible for continued or future partici…

Rule 46:30:09:08 Appeals. 46:30:09:08. Appeals. An applicant may appeal the division's decision regarding eligibility for the services provided pursuant to this chapter. An applicant dissatisfied with the division's determination regarding eligibility may request a fair hearing p…

Rule 46:30:10:01 Purpose. 46:30:10:01. Purpose. The purpose of the TAD program is to provide accessible telecommunication devices and services for individuals who have a disability other than deafness, deaf/blindness, hard of hearing, or speech impairment. Source: 41 SDR 53, effe…

Rule 46:30:10:02 Services. 46:30:10:02. Services. TAD services include: (1) Assessment; (2) Telecommunication equipment; and (3) Training. Source: 41 SDR 53, effective October 8, 2014. General Authority: SDCL 28-9-44, 49-31-56.1. Law Implemented: SDCL 28-9-44, 49-31-47.

46:30:10:03. Eligibility criteria. To be eligible for services through the Telecommunications Adaptive Devices (TAD) program, the applicant must: (1) Be a resident of South Dakota; (2) Have a disability other than deafness, deaf-blind, hard of hearing, or speech impairment; (3) H…

Rule 46:30:10:04 Financial need. 46:30:10:04. Financial need. The department's financial contribution is based on the applicant's household income and is paid according to a fee schedule established by the department. Source: 41 SDR 53, effective October 8, 2014. General Authorit…

Rule 46:30:10:05 Application. 46:30:10:05. Application. An applicant shall submit an application for the TAD program to an authorized provider. The authorized provider will notify the applicant of the results of the eligibility determination within 30 calendar days of receipt of …

Rule 46:30:10:06 Recipient training. 46:30:10:06. Recipient training. The authorized provider shall provide training to each recipient on proper usage of the telecommunications equipment. The authorized provider may provide additional training to ensure the recipient has the abil…

Rule 46:30:10:07 Recipient responsibility. 46:30:10:07. Recipient responsibility. Each recipient is responsible for proper care of telecommunications equipment provided by the program, and an authorized provider may determine a recipient ineligible for continued or future partici…

Rule 46:30:10:08 Appeals. 46:30:10:08. Appeals. An applicant may appeal the division's decision regarding eligibility for the services provided pursuant to this chapter. An applicant dissatisfied with the division's determination regarding eligibility may request a fair hearing p…

Rule 46:30:11:01 Purpose. 46:30:11:01. Purpose. The purpose of the hearing aid assistance program is to provide financial assistance to purchase hearing aids and associated ear molds for individuals who are deaf or hard of hearing. Source: 41 SDR 53, effective October 8, 2014. Ge…

Rule 46:30:11:02 Eligibility criteria. 46:30:11:02. Eligibility criteria. To be eligible for devices through the hearing aid assistance program, an individual shall meet the following criteria: (1) Be a resident of South Dakota; (2) Be under 19 years of age; (3) Have a progressiv…

Rule 46:30:11:03 Application. 46:30:11:03. Application. An application for the hearing aid assistance program may be submitted by a family member, legal guardian, individual over the age of 18, or an audiologist on behalf of a child requiring hearing aids. In addition to the appl…

Rule 46:30:11:04 Financial contribution. 46:30:11:04. Financial contribution. The department's financial contribution is based on an applicant's household income and is paid directly to the provider according to a fee schedule established by the department. The hearing aid assist…

Rule 46:30:11:05 Recipient responsibility. 46:30:11:05. Recipient responsibility. The recipient is responsible, financially and otherwise, for the maintenance, daily care, batteries, repairs, and ear mold replacements as necessary. The recipient must also accept the terms of paym…

Rule 46:30:11:06 Appeals. 46:30:11:06. Appeals. An applicant may appeal the decision regarding eligibility for the program pursuant to SDCL chapter 1-26 by notifying the department in writing within 30 calendar days of receipt of the written notification. Nothing in this section …

46:30:12:01. Purpose. Repealed. Source: 41 SDR 53, effective October 8, 2014; 49 SDR 48, effective November 22, 2022.

Rule 46:30:12:02 Services. 46:30:12:02. Services. Communication assistance services include: (1) Information and referral; (2) Peer support; (3) Communication assistance; (4) Community integration skills training; (5) Deaf awareness training, and (6) Technical assistance. Source:…

46:30:12:03. Eligibility criteria. To be eligible for services through the communication assistance service program, the applicant must: (1) Be a resident of South Dakota; (2) Be deaf, hard of hearing, or speech impaired; (3) Have barriers that inhibit community and employment in…

Rule 46:30:12:04 Application. 46:30:12:04. Application. An applicant shall submit an application for the communication assistance services program to an authorized provider. The authorized provider will notify the applicant of the results of the eligibility determination within 3…

Rule 46:30:12:05 Appeals. 46:30:12:05. Appeals. An applicant may appeal the decision regarding eligibility for the program pursuant to SDCL chapter 1-26 by notifying the department in writing within 30 calendar days of receipt of the written notification. Nothing in this section …