South Dakota Administrative Code

Rule 67:55:04:15 Chiropractic expenses. 67:55:04:15. Chiropractic expenses. Chiropractic expenses are payable; however, no payment is allowed for chiropractic care received more than 12 months after the date the crime occurred. Source: 30 SDR 116, effective February 4, 2004; 36 S…

Rule 67:55:04:16 Home health services. 67:55:04:16. Home health services. Payment for home health services is limited to 12 months. Home health services are those medical services necessary to treat the victim of a crime and are provided by a home health agency in response to the…

Rule 67:55:04:17 Funeral and burial expenses. 67:55:04:17. Funeral and burial expenses. Payment for basic funeral and burial expenses may not exceed $8,000. Basic funeral and burial expenses include the following services: (1) The transportation of the body to the funeral home; (…

Rule 67:55:04:18 Witness fees. 67:55:04:18. Witness fees. An individual may submit a claim for witness fees and mileage if the individual appears as a witness to present evidence before the commission to support a claim. Fees and mileage are payable according to SDCL 19-5-1. Sour…

Rule 67:55:04:19 Time limit for medical expenses -- Extension. 67:55:04:19. Time limit for medical expenses -- Extension. Except for mental health expenses covered under § 67:55:04:03 and the costs of medications related to the treatment of a mental condition, payment for medical…

Rule 67:55:04:20 Approval of amounts in excess of payment limits -- Commission approval required. 67:55:04:20. Approval of amounts in excess of payment limits -- Commission approval required. With the exception of an emergency award, the commission may deviate from the limits est…

Rule 67:55:04:21 Payment reduced if prior conduct resulted in payment on behalf of another victim. 67:55:04:21. Payment reduced if prior conduct resulted in payment on behalf of another victim. The department shall reduce a payment to a victim if the victim was previously an alle…

Rule 67:55:04:22 Repayment of emergency award. 67:55:04:22. Repayment of emergency award. An emergency award that was the result of lost income or support, emergency medical treatment expenses, or funeral and burial expenses shall first be deducted from any amounts payable to the…

Rule 67:55:04:23 Claim made on behalf of deceased victim's dependent. 67:55:04:23. Claim made on behalf of deceased victim's dependent. If a claim is being made on behalf of a deceased victim's dependent, the department may require the claimant to provide the department with lega…

Rule 67:55:04:24 Reopening or reinvestigating claims. 67:55:04:24. Reopening or reinvestigating claims. If one or more of the following occurs, the commission or department may reopen a previously closed claim: (1) There is new evidence related to a crime; (2) There is evidence t…

Rule 67:55:04:25 Revision of award. 67:55:04:25. Revision of award. After reopening or reinvestigating a claim pursuant to § 67:55:04:24, the commission or department may withdraw or reduce an award of compensation. The commission or department may reconsider a decision granting …

Rule 67:56:01:01 Definitions. 67:56:01:01. Definitions. Terms used in this chapter mean: (1) "Advocate," any trained employee or volunteer working for a shelter or service program to support an individual seeking or receiving services; and (2) "Confidential information," any writ…

Rule 67:56:01:02 Service programs. 67:56:01:02. Service programs. Service programs shall provide a variety of services to victims of domestic violence and sexual assault. The services shall include the requirements as stated in SDCL 25-10-28 and in addition may include the follow…

Rule 67:56:01:03 Requirements for shelter services. 67:56:01:03. Requirements for shelter services. Shelter services may be provided in a structure owned or operated by the program; in public accommodations paid for by the program, such as hotels and motels; or in private homes s…

Rule 67:56:01:04 Repealed. 67:56:01:04. Training programs. Repealed. Source: 19 SDR 168, effective May 9, 1993; transferred from § 1:10:01:05 by SL 1994, ch 212, § 2, effective July 1, 1994; repealed, 38 SDR 105, effective December 12, 2011.

Rule 67:56:01:05 Program policy requirements. 67:56:01:05. Program policy requirements. Each program shall establish and follow a written policy relating to: (1) Personnel including: (a) Staff and volunteer hiring, and orientation; (b) Training on client orientation procedures, c…

Rule 67:56:01:06 Client services policy requirements. 67:56:01:06. Client services policy requirements. Each program shall establish and follow a written policy in the following areas relating to client services: (1) Intake and referral procedures; (2) Eligibility; (3) Orientatio…

Rule 67:56:01:07 Program bylaws. 67:56:01:07. Program bylaws. Each program shall adopt bylaws which state its purpose and must: (1) Provide for a board of directors who, as a group, represent the demographic characteristics of the residents of that area; (2) Provide the number an…

67:61:01:01. Definitions. Terms used in this article mean: (1) "Addiction counselor," an individual who meets the standards established by the Board of Addiction and Prevention Professionals and is recognized as a licensed addiction counselor or certified addiction counselor by t…

67:61:02:01. Definitions. Terms used in this chapter mean: (1) "Comprehensive survey," a planned, on-site survey of an agency, by a team of representatives from the department for the purposes of evaluating compliance with the standards for accreditation renewal and assessing the…

67:61:02:02. Access by the department. The department shall monitor each agency for continued compliance with this article, regardless of the term of an agency's accreditation certificate. An agency is subject to review, with or without notice, by the department. An agency shall …

67:61:02:03. Accreditation of agencies by service classification. An agency that provides substance use disorder services may apply for accreditation by the department. An agency shall comply with the rules in this article that apply to service classifications for which the accre…

67:61:02:04. Application for accreditation. An agency seeking to operate an accredited alcohol, other drug, or gambling program shall submit an application for accreditation to the department. The department shall return and not consider an incomplete application submitted by an …

67:61:02:05. Policies and procedures subject to approval. All agency policies and procedures must comply with and carry out the requirements of article 67:61 and are subject to the approval of the department as part of the accreditation process. Source: 43 SDR 80, effective Decem…

67:61:02:06. Provisional accreditation and comprehensive survey. The department may grant provisional accreditation to an agency seeking accreditation for the first time or to an agency previously accredited to regain accreditation. A provisional accreditation certificate may onl…

67:61:02:07. Extension of accreditation period. The department may extend the period of accreditation to accommodate department on-site scheduling delays. No extension may exceed a period of one year beyond the certificate expiration date. Source: 43 SDR 80, effective December 5,…

67:61:02:08. Renewal of accreditation - Comprehensive survey. Each agency currently accredited by the department shall participate in a comprehensive survey to determine compliance with the requirements of this article and SDCL chapter 34-20A prior to the renewal of accreditation…

67:61:02:09. Comprehensive survey report -- Plan of correction. The department shall, within thirty days following the comprehensive survey, report its findings to the agency. If an agency is not in compliance with this article and SDCL chapter 34-20A, the department must notify …

67:61:02:10. Reasons for placing an agency on probation. The department may place an agency on probation if the department determines: (1) The agency is in compliance with less than seventy percent of the requirements of this article and SDCL chapter 34-20A; (2) The agency failed…

67:61:02:11. Probation procedures. If the department determines there is sufficient cause to place an agency on probation: (1) The department must send the agency written notice of probationary status and areas of noncompliance; (2) The agency must develop and submit a plan of co…

67:61:02:12. Suspension or revocation procedures. The department shall provide written notice to an agency of the department's intent to suspend or revoke the agency's accreditation. The suspension or revocation is effective fifteen days after receipt of the notice. The notice mu…

67:61:02:13. Acceptance of new clients prohibited. An agency that has been placed on probation or whose accreditation has been suspended is prohibited from accepting new clients until the department approves the plan of correction. Source: 43 SDR 80, effective December 5, 2016; 5…

67:61:02:14. Delay in meeting requirements. The department may grant an agency a delay in meeting the requirements of this article to avoid undue hardship on the agency if the department determines that allowing a delay would be in the best interest of the agency's clients. Sourc…

67:61:02:15. Denial of accreditation. If the department denies the accreditation of an agency, the department must send notice of the denial to the agency by certified mail, return receipt requested, within sixty days of the final review. The notice of denial must inform the agen…

67:61:02:16. Reconsideration of application for accreditation. An agency may request that the department reconsider an application. The request must be in writing and sent within fifteen days after receipt of the denial of accreditation. Source: 43 SDR 80, effective December 5, 2…

67:61:02:17. Appeal procedure. An agency may appeal to the secretary of the department any denial, revocation, or suspension of certification, or placement on probation by the department. An appeal under this section must be sent by certified mail within fifteen days after receip…

Rule 67:61:02:18 Time and place of hearing. 67:61:02:18. Time and place of hearing. A fair hearing by an impartial hearing officer shall be held within 45 days after the department receives a request for a fair hearing. The hearing officer shall set a time and place for the heari…

67:61:02:19. Accreditation certificate nontransferable. A certificate issued by the department applies only to the applicant agency, the original facilities, and program classifications for which the certificate was issued. The agency shall notify the department in writing within…

67:61:02:20. Changes requiring notification. An accredited agency shall notify the department before a change in the agency director, a reduction in services provided by the agency, or the impending closure of the agency. Upon receiving a notification under this section, the depa…

67:61:02:21. Event notification. Each accredited agency shall make a report to the department within twenty-four hours of any: death not primarily related to the natural course of the client's illness or underlying condition, permanent harm to a client, or severe temporary harm t…

67:61:03:01. Articles of incorporation. Each agency that is not a governmental agency or a federally recognized tribe must be incorporated as or as part of a business corporation or a nonprofit corporation, in accordance with SDCL chapters 47-1A and 47-22 to 47-28, inclusive, as …

67:61:03:02. Board of director policies. An agency operating as a nonprofit corporation must have a board of directors. The board of directors shall establish policies that govern the overall management of the agency and reflect community concerns and interests. Source: 43 SDR 80…

67:61:03:03. Board meetings and minutes of meetings. The board of directors of each agency with a board shall meet at least quarterly. The agency must keep the minutes of all board meetings. The minutes must contain: (1) The date of the meeting; (2) The names of board members in …

67:61:03:04. Discrimination in services prohibited. No agency may deny any person equal access to its facilities or services on the basis of race, color, religion, gender, ancestry, or national origin. No agency may deny any person equal access to its facilities or services on th…

67:61:04:01. Policy and procedures manual. Each agency shall establish a manual that sets forth policy and procedures to ensure compliance with this article. Each agency shall review and update the manual. Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective Novemb…

67:61:04:02. Statistical data. Each agency shall submit to the department statistical data on each client receiving services in a manner agreed upon by the department and the agency. The agency shall provide statistical data on all services in accordance with the state management…

Rule 67:61:04:03 Compliance - case record review. 67:61:04:03. Compliance - case record review. Each agency shall establish an ongoing compliance review process for the review of case records to assure the quality and appropriateness of services. Agency staff shall be informed of…

67:61:04:04. Retention of records. Each agency shall retain all financial records, client case records, and documentation of services provided, for at least six calendar years post-treatment. If a client is under the age of eighteen on the last date of treatment, records must be …

67:61:04:05. Accounting systems, cost reporting, and annual audit. Each agency shall maintain an accounting system pursuant to generally accepted accounting principles. If requested by the department, the agency shall submit to the department a copy of an annual entity-wide, inde…

67:61:04:06. Fees for services. Each agency shall adopt a schedule of fees for services and shall base the fees on the client's ability to pay. The agency shall provide its clients, referral resources, the public, and the department with up-to-date fees for services, including th…