South Dakota Administrative Code

Rule 67:16:04:08.02 Repealed. 67:16:04:08.02. Add-on payment -- Nutritional therapy. Repealed. Source: 15 SDR 68, effective November 7, 1988; 18 SDR 67, effective October 13, 1991; repealed, 21 SDR 8, effective July 25, 1994.

Rule 67:16:04:08.03 Repealed. 67:16:04:08.03. Add-on payment -- Oxygen. Repealed. Source: 15 SDR 68, effective November 7, 1988; 18 SDR 67, effective October 13, 1991; repealed, 21 SDR 8, effective July 25, 1994.

Rule 67:16:04:08.04 Transferred. 67:16:04:08.04. Transferred to § 67:16:04:59.

Rule 67:16:04:08.05 Transferred. 67:16:04:08.05. Transferred to § 67:16:04:44.

Rule 67:16:04:08.06 Transferred. 67:16:04:08.06. Transferred to § 67:16:04:45.

Rule 67:16:04:08.07 Transferred. 67:16:04:08.07. Transferred to § 67:16:04:46.

Rule 67:16:04:08.08 Transferred. 67:16:04:08.08. Transferred to § 67:16:04:50.

Rule 67:16:04:08.09 Transferred. 67:16:04:08.09. Transferred to § 67:16:04:52.

Rule 67:16:04:09 Repealed. 67:16:04:09. Payment limitations -- Skilled, intermediate, mentally retarded, mental diseases. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 16, effective September 4, 1975; 2 SDR 71, effective April 29, 1976; 5 SDR 109, effective July 1, 1979; 7 SDR 23,…

Rule 67:16:04:09.01 Transferred. 67:16:04:09.01. Transferred to §§ 67:45:02:08 and 67:45:02:09.

Rule 67:16:04:10 Repealed. 67:16:04:10. Other resources of a resident. Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 30, 1974; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 26, effective August 21, 1984; repealed, 18 SDR…

Rule 67:16:04:11 Repealed. 67:16:04:11. Allocation of resources when recipient and spouse live apart. Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 18 SDR 67, ef…

Rule 67:16:04:12 Repealed. 67:16:04:12. Treatment of other resources for less than a full month residence. Repealed. Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 8 SDR 170, effective June 21, 1982.

Rule 67:16:04:13 Transferred. 67:16:04:13. Transferred to § 67:45:02:10.

Rule 67:16:04:14 Transferred. 67:16:04:14. Transferred to § 67:45:02:04.

Rule 67:16:04:15 Repealed. 67:16:04:15. Utilization review. Repealed Source: SL 1975, ch 16, § 1; 1 SDR 30, effective October 13, 1974; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 26, effective August 21, 1984; 16 SDR 235, effective July 5, 1990; 18 SDR 67, effective Octob…

Rule 67:16:04:16 Repealed. 67:16:04:16. Observation and assessments. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 26, effective August 21, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:17 Repealed. 67:16:04:17. Skilled nursing facility services. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 11 SDR 26, effective August 21, 1984; 15 SDR 68, effective November 7, 1988; repealed,…

Rule 67:16:04:18 Repealed. 67:16:04:18. Intermediate care services. Repealed. Source: SL 1975, ch 16, § 1; 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 10 SDR 79, effective February 1, 1984; 11 SDR 26, effective August 21, 1984; 15 SDR 68, effec…

Rule 67:16:04:19 Transferred. 67:16:04:19. Transferred to § 67:45:01:04.

Rule 67:16:04:20 Transferred. 67:16:04:20. Transferred to § 67:45:01:07. Rule 67:16:04:20.01 Repealed. 67:16:04:20.01. Other factors considered in the determination of individual's level of care. Repealed. Source: 11 SDR 26, effective August 21, 1984; repealed, 18 SDR 67, effecti…

Rule 67:16:04:20.01 Repealed. 67:16:04:20.01. Other factors considered in the determination of individual's level of care. Repealed. Source: 11 SDR 26, effective August 21, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:20.02 Transferred. 67:16:04:20.02. Transferred to § 67:45:01:06.

Rule 67:16:04:21 Repealed. 67:16:04:21. Payment to facilities for services to the severely, physically handicapped. Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 88, effective June 26, 1978; 5 SDR 112, effective July 14, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, …

Rule 67:16:04:21.01 Repealed. 67:16:04:21.01. Facility eligible for payment for services to the severely, physically handicapped. Repealed. Source: 5 SDR 112, effective July 14, 1979; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 15 SDR 68, effective November 7, 1988.

Rule 67:16:04:22 Repealed. 67:16:04:22. Eligibility criteria for payment for services to the severely, physically handicapped. Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 88, effective June 26, 1978; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1…

Rule 67:16:04:23 Repealed. 67:16:04:23. Semiannual review. Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 88, effective June 26, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 15 SDR 68, effective November 7, 1988.

Rule 67:16:04:24 Repealed. 67:16:04:24. Intermediate level of care for mentally retarded 18 years or older. Repealed. Source: 10 SDR 79, effective February 1, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:25 Repealed. 67:16:04:25. Intermediate level of care for mentally retarded under age 18. Repealed. Source: 10 SDR 79, effective February 1, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:26 Repealed. 67:16:04:26. Intermediate level of care for mentally retarded -- Developmentally disabled. Repealed. Source: 10 SDR 79, effective February 1, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:27 Repealed. 67:16:04:27. Services for intermediate level of care for mentally retarded. Repealed. Source: 10 SDR 79, effective February 1, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:28 Repealed. 67:16:04:28. Level of care determination for individuals with mental disease. Repealed. Source: 10 SDR 79, effective February 1, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:29 Repealed. 67:16:04:29. Services not covered in skilled nursing or intermediate care facilities for individuals with mental disease. Repealed. Source: 10 SDR 79, effective February 1, 1984; repealed, 18 SDR 67, effective October 13, 1991.

Rule 67:16:04:30 Transferred. 67:16:04:30. Transferred to § 67:16:04:61.

Rule 67:16:04:31 Transferred. 67:16:04:31. Transferred to § 67:45:02:12.

Rule 67:16:04:32 Transferred. 67:16:04:32. Transferred to § 67:45:02:13.

67:16:04:33. Definitions. Terms used in this chapter mean: (1) "Administration costs," costs defined in the statistical and cost summary report that relate to patient care and includes the administrator's and assistant administrator's salaries, administrative travel, office salar…

Rule 67:16:04:34 Required financial reports. 67:16:04:34. Required financial reports. A nursing facility shall submit to the department a statistical and cost summary report relating to the operation of the facility no later than 150 days following the close of the facility's fis…

Rule 67:16:04:35 Deadline extensions. 67:16:04:35. Deadline extensions. The department may grant a facility an extension beyond the 150-day deadline for filing its statistical and cost summary report. A facility's request for an extension must be in writing and must be received b…

Rule 67:16:04:36 Record retention. 67:16:04:36. Record retention. A nursing facility must retain all financial and statistical records for a minimum of six years following the submission of statistical and cost summary reports under § 67:16:04:34. Records may not be destroyed whe…

Rule 67:16:04:37 Audits -- Appeal provisions. 67:16:04:37. Audits -- Appeal provisions. The department shall conduct desk audits of the statistical and cost reports submitted under § 67:16:04:34. If a field audit is conducted, the auditor shall hold an exit conference with repres…

Rule 67:16:04:38 Time limits for requesting hearing. 67:16:04:38. Time limits for requesting hearing. A request for a fair hearing must be made within 30 days after the department sends its final audit report to a nursing facility or within 60 days after the department sends its …

Rule 67:16:04:39 Notification of per diem rates. 67:16:04:39. Notification of per diem rates. The department shall notify the nursing facility in writing of the established per diem rates and the effective date of the rates. The date on the letter is considered the date of notifi…

Rule 67:16:04:40 Absence of regulations -- Allowable costs based on CMS-15. 67:16:04:40. Absence of regulations -- Allowable costs based on CMS-15. In the absence of specific regulations relating to allowable costs for nursing care facilities, allowable cost decisions shall be ba…

Rule 67:16:04:41 Routine services. 67:16:04:41. Routine services. For purposes of cost reporting, the department considers the following items and services to be routine: (1) Shelter; (2) At least three meals a day planned from the basic four food groups in quantity and variety t…

Rule 67:16:04:42 Nonroutine services. 67:16:04:42. Nonroutine services. A facility may not include the cost of nonroutine services as an allowable cost on the cost report required in § 67:16:04:34. The provider of the nonroutine service must bill the department directly. Nonrouti…

Rule 67:16:04:43 Repealed. 67:16:04:43. Point system to determine maximum allowable salary for owner. Repealed. Source: 15 SDR 68, effective November 7, 1988; transferred from § 67:16:04:06.03, 21 SDR 8, effective July 25, 1994; repealed, 35 SDR 312, effective July 6, 2009.

Rule 67:16:04:44 Allowable costs of related-party transactions. 67:16:04:44. Allowable costs of related-party transactions. The allowable costs associated with a related-party transaction are equal to the actual cost to the related organization or the fair market value, whichever…

Rule 67:16:04:45 Rent paid to related-party organization not allowable -- Cost of ownership used. 67:16:04:45. Rent paid to related-party organization not allowable -- Cost of ownership used. Rent paid to a related-party organization is not an allowable cost. Actual cost of owner…

67:16:04:46. Depreciation. The department calculates depreciation as follows: (1) Masonry buildings are calculated using the straight-line depreciation method not to exceed three percent of the capital cost basis of the building. The capital cost basis for depreciation of new con…