South Dakota Administrative Code

Rule 46:32:01:07 Itemized billing. 46:32:01:07. Itemized billing. The HSC shall calculate and maintain a billing statement for each patient's course of treatment and provide an itemized bill for each patient. Source: 26 SDR 64, effective November 16, 1999. General Authority:SDCL …

Rule 46:32:01:08 HSC medical procedure fee. 46:32:01:08. HSC medical procedure fee. The HSC shall bill each patient for the patient's medical procedures. The cost of any medical procedure shall reflect the actual cost of providing the medical procedure including salaries, benefit…

Rule 46:32:01:09 Off-site medical care cost. 46:32:01:09. Off-site medical care cost. If a patient is not assessed to pay a per diem and requires medical treatment outside the scope of services provided by the HSC, the patient shall be billed individually for the treatment at the…

Rule 46:32:01:10 Payor classifications. 46:32:01:10. Payor classifications. Upon admission to the HSC, the HSC shall classify each patient in one of the following payor classifications: (1) Champus; (2) Contract; (3) County; (4) Medicaid; (5) Medicare; (6) Private pay; or (7) Oth…

Rule 46:32:01:11 Pharmaceutical and dispensing fee. 46:32:01:11. Pharmaceutical and dispensing fee. The HSC shall bill each patient for the pharmaceuticals used in the patient's course of treatment. The charge shall be the actual cost of the specific pharmaceutical and a dispensi…

Rule 46:32:01:12 Professional fees. 46:32:01:12. Professional fees. The HSC shall bill each patient receiving professional services a professional fee. The professional fee shall reflect the actual cost of medical doctors, physician-assistants, nurse practitioners, and psychologi…

Rule 46:32:01:13 Room rate determination by treatment program. 46:32:01:13. Room rate determination by treatment program. The HSC shall calculate and bill each patient for a daily room rate based upon the cost associated with the respective treatment program. The cost of a room i…

Rule 46:32:01:14 Supply cost. 46:32:01:14. Supply cost. The HSC shall charge the actual cost of daily supplies consumed by each patient on the patient's itemized bill. The cost shall be based upon the HSC's most recent supply contract pricing. Source: 26 SDR 64, effective Novembe…

Rule 46:33:01:01 Definitions. 46:33:01:01. Definitions. Terms used in this article mean: (1) "Adult protective service," is the service provided when abuse, neglect, or financial exploitation is substantiated to an elder or an adult with a disability; (2) "Adult with a disability…

Rule 46:33:01:02 Eligibility requirements. 46:33:01:02. Eligibility requirements. A person is eligible for adult protective services if that person is an elder or an adult with a disability who is:' (1) Harmed or threatened with harm because of self-neglect, poor health, or the a…

Rule 46:33:01:03 Services. 46:33:01:03. Services. The adult protective services to be provided are: (1) Protective services assessment; and (2) Protective services when allegations are substantiated by the assessment. Source: 47 SDR 24, effective September 8, 2020. General Author…

46:33:02:01. Definitions. As used in this chapter: (1) "Home and community-based alternative living center" means: (A) An assisted living center, as defined in SDCL subdivision 34-12-1.1(2); (B) A community living home, as defined in SDCL subdivision 34-12-1.1(13); or (C) A resid…

46:33:02:02. Services. The ombudsman may provide the following services: (1) Identify, investigate, and resolve complaints from any source made by, or on behalf of, a resident relating to any action, inaction, or decision that may adversely affect the health, safety, welfare, or …

46:33:02:03. Access. An ombudsman shall have access to long-term care facilities, home- and community-based alternative living centers, and residents. An ombudsman shall also have access to: (1) All files, records, or other information concerning a resident, if: (A) The ombudsman…

46:33:02:04. Posting of information. Every long-term care facility and home- and community-based alternative living center shall post in a conspicuous location a notice of the ombudsman's toll-free number and the name, address, and phone number of the office of the appropriate om…

Rule 47:01:01:01 Repealed. 47:01:01:01. Powers of labor and management relations division.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:01:01:02 Repealed. 47:01:01:02. Powers of the employment security division.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:01:01:03 Repealed. 47:01:01:03. Review of contested cases.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:01:01:04 Declaratory rulings. 47:01:01:04. Declaratory rulings. Petitions may be filed with the secretary of the Department of Labor and Regulation for the purpose of requesting a declaratory ruling concerning the applicability of a statutory provision or of a rule or ord…

Rule 47:01:01:05 Superseded. 47:01:01:05. Petition for rules.Superseded. Commission Note: SL 1975, ch 16, § 24, provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.

Rule 47:01:01:06 Service fees. 47:01:01:06. Service fees. The Department of Labor may charge the following service fees: (1) For seminars, conferences, or workshops, $50 for each attendee; (2) For publications, $15 for each copy; (3) For computer software, $100 for each program; …

Rule 47:02:01:01 Definitions. 47:02:01:01. Definitions. Words defined in SDCL 3-18 have the same meaning when used in this title. In addition terms used within this article, unless the context otherwise plainly requires, mean: (1) "Act," chapter 3-18 of the South Dakota Codified …

Rule 47:02:02:01 Service of documents. 47:02:02:01. Service of documents. Service of a document authorized or required by the Act or this article may be effected upon employees by posting the document on the employer's premises in one or more conspicuous spots where all employees…

Rule 47:02:02:02 Prior request to communicate required. 47:02:02:02. Prior request to communicate required. Before filing a petition under this article, the petitioner must first have filed a written request with all of the parties and with the division, stating its desire to be …

Rule 47:02:02:03 Petitions. 47:02:02:03. Petitions. If the parties are unable to resolve their recognition dispute, petitions may be prepared by an employer or employee organization to have the division determine which employees constitute a representational unit or which employe…

Rule 47:02:02:04 Contents of petition. 47:02:02:04. Contents of petition. When a petition is filed by an employee organization, it must state that the organization: (1) Represents at least 30 percent of the members of the proposed unit; (2) Does not assert the right to strike aga…

Rule 47:02:02:04.01 Decertification petition. 47:02:02:04.01. Decertification petition. One or more employees, a governmental agency, or a labor or employee organization seeking decertification of an employee organization as a bargaining representative must file a petition statin…

Rule 47:02:02:05 Proof of representation. 47:02:02:05. Proof of representation. The employee organization shall submit current authorizations signed by the employees upon request of the division. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983. General Au…

Rule 47:02:02:06 Waiting period. 47:02:02:06. Waiting period. No petition shall be acted upon by the division until one of the following occurs: (1) Ten days have elapsed from the date the request under § 47:02:02:02 was served upon the division; (2) Three days have elapsed follo…

Rule 47:02:02:07 Form. 47:02:02:07. Form. Petitions shall be made in writing on forms approved by the division. The petition may be returned to the petitioner for completion if it is incomplete. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983. General Aut…

Rule 47:02:02:08 Service of notice of petition. 47:02:02:08. Service of notice of petition. The original and three copies of the petition shall be filed with the division. Upon receipt, provided the waiting period under § 47:02:02:06 has passed, the division shall serve a copy of…

Rule 47:02:02:09 Other employee organizations. 47:02:02:09. Other employee organizations. Service of notice upon the employees, as provided in § 47:02:02:01, is notice to all employee organizations not specified in the petition. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, e…

Rule 47:02:02:10 Burden of reporting other organizations. 47:02:02:10. Burden of reporting other organizations. The burden of reporting other employee organizations to the division shall rest upon the members of the organizations. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124,…

Rule 47:02:02:11 Amendments and withdrawals. 47:02:02:11. Amendments and withdrawals. The division may permit the petitioner to amend or withdraw the petition at any time before the certification under § 47:02:02:39 has been issued upon terms that are just and consistent with due…

Rule 47:02:02:12 Answers. 47:02:02:12. Answers. Each respondent shall file an answer to the petition within seven days after receipt of the petition. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983. General Authority: SDCL 3-18-6. Law Implemented: SDCL 3-…

Rule 47:02:02:13 Contents of answer. 47:02:02:13. Contents of answer. An answer shall consist of an agreement with the facts and demands made by the petitioner or of a denial or explanation of the facts contained in the petition and may include a counter demand. Source: SL 1975, …

Rule 47:02:02:14 Extension of time. 47:02:02:14. Extension of time. The division may extend the time for filing an answer upon a showing of good cause by either party. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983. General Authority: SDCL 3-18-6. Law Im…

Rule 47:02:02:15 Failure to file answer. 47:02:02:15. Failure to file answer. Failure to file an answer within the time specified in § 47:02:02:12 and failure to ask for an extension of time under § 47:02:02:14 constitutes a default and the remedy requested by the petitioner, if …

Rule 47:02:02:16 Consent elections. 47:02:02:16. Consent elections. When there is no dispute concerning the composition of a unit wishing recognition, the petitioner and the other parties may, with the approval of the division, enter into a consent election agreement on a form fu…

Rule 47:02:02:17 Determination in absence of agreement. 47:02:02:17. Determination in absence of agreement. When the division finds that the parties are unable to agree upon a suitable method or upon the appropriate unit and it is unable to settle the controversy concerning repre…

Rule 47:02:02:18 Repealed. 47:02:02:18. Contest.Repealed. Source: SL 1975, ch 16, § 1; repealed, 9 SDR 81, 9 SDR 124, effective July 1, 1983.

Rule 47:02:02:19 Notice. 47:02:02:19. Notice. Notice of hearing shall be made by the division in accordance with § 47:02:02:01 at least 10 days before the hearing. Source: SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective July 1, 1983. General Authority: SDCL 3-18-6. Law Implem…

Rule 47:02:02:20 Oral arguments and briefs. 47:02:02:20. Oral arguments and briefs. Upon request a party is entitled to present at the close of the hearing oral argument which shall be made a part of the record. A party is entitled, upon request made before the close of the heari…

Rule 47:02:02:21 Order to hold election. 47:02:02:21. Order to hold election. Concurrent with the issuance of findings of fact and conclusions of law, the division shall issue an order to hold an election, if the election is in accordance with its findings and conclusions. Source…

Rule 47:02:02:22 Petition for review. 47:02:02:22. Petition for review. A party to the proceedings may file with the division a petition for review of the decision within seven days after the party is served with the findings and conclusions. The division may, in its discretion, …

Rule 47:02:02:23 Appeals. 47:02:02:23. Appeals. Appeals may be made from the division's decision in accordance with SDCL 1-26-30 to 1-26-37, inclusive. If an election has been ordered before an appeal has been filed, the election shall be held as scheduled unless there is a court…

Rule 47:02:02:24 Elections conducted under supervision of division. 47:02:02:24. Elections conducted under supervision of division. If the division determines that an election shall be held, it shall be conducted under its supervision and direction and shall be by secret ballot. …

Rule 47:02:02:25 Sample ballot and notice. 47:02:02:25. Sample ballot and notice. A sample ballot and notice of election setting forth the date, time, places, and purpose of the election shall be served upon the parties of record and employees at least 10 days before the date of …

Rule 47:02:02:26 Conduct of elections. 47:02:02:26. Conduct of elections. Elections shall be conducted according to the following rules: (1) Ballot boxes shall be examined by the division before the opening of the polls, in the presence of the observers, and shall be locked at th…

Rule 47:02:02:27 Voter eligibility. 47:02:02:27. Voter eligibility. The right of an employee to vote at an election shall be determined by the division as a result of a hearing. However, the division may postpone a ruling on eligibility pending the holding of the election and per…