South Dakota Administrative Code

67:61:18:07. Nonreimbursable services. The following are nonreimbursable under this chapter: (1) Billing for a client that exceeds the accredited bed capacity established by the department; (2) Driving under the influence and driving while intoxicated education courses; (3) Servi…

67:62:01:01. Definitions. As used in this article: (1) "Admission" means the point in an individual's relationship with a mental health center when the intake process has been completed and the individual is eligible to receive and accept services; (2) "Advocate" means any indivi…

67:62:02:01. Definitions. Terms used in this chapter mean: (1) "Comprehensive survey," a planned, on-site survey of the center, by a team of representatives from the department for the purposes of evaluating compliance with standards for accreditation renewal and assessing the qu…

67:62:02:02. Access by the department. The department shall monitor each center for continued compliance with this article, regardless of the term of a center's accreditation certificate. A center is subject to review, without notice, by the department. A center shall provide the…

67:62:02:03. Application for accreditation. A center seeking to operate as an accredited community mental health center must submit an application for accreditation to the department. The department shall make accreditation application forms available upon request. The department…

67:62:02:04. Policy and procedures subject to approval. All center policy and procedures must comply with and carry out the requirements of article 67:62 and are subject to the approval of the department as part of the accreditation process. Source: 43 SDR 80, effective December …

67:62:02:05. Provisional accreditation and comprehensive survey. The department may grant provisional accreditation to a center seeking accreditation for the first time or to a center previously accredited to regain accreditation. A provisional accreditation certificate may only …

67:62:02:06. 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,…

67:62:02:07. Renewal of accreditation -- Comprehensive survey. Each center currently accredited by the department shall participate in a comprehensive survey to determine compliance with the requirements of this article and SDCL title 27A prior to the renewal of accreditation. Th…

67:62:02:08. Comprehensive survey report -- Plan of correction. The department shall, within thirty days following the comprehensive survey, report its findings to the center. If a center is not in compliance with this article and SDCL title 27A, the department must notify the ce…

67:62:02:09. Reasons for placing a center on probation. The department may place a center on probation if: (1) The center is in compliance with less than seventy percent of the requirements of this article and SDCL title 27A; (2) The center failed to complete the plan of correcti…

67:62:02:10. Probation procedures. If the department determines there is sufficient cause to place a center on probation: (1) The department must send the center written notice of probationary status and areas of noncompliance; (2) The center must develop and submit a plan of cor…

67:62:02:11. Suspension or revocation procedures. The department shall provide written notice to the center of the department's intent to suspend or revoke the center's accreditation. The suspension or revocation is effective fifteen days after receipt of the notice. The notice m…

67:62:02:12. Acceptance of new clients prohibited. A center 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; …

67:62:02:13. Delay in meeting requirements. The department may grant the center a delay in meeting the requirements of this article to avoid undue hardship on the center if the department determines that allowing a delay would be in the best interest of the center's clients. Sour…

67:62:02:14. Denial of accreditation. If the departmant denies the accreditation to a center, the department must send notice of the denial to the center by certified mail, return receipt requested, within sixty days of the final review. The notice of denial must inform the cente…

67:62:02:15. Reconsideration of application for accreditation. A center may request that the department reconsider an application. The request must be in writing and sent within fifteen calendar days after receipt of the denial of accreditation. Source: 43 SDR 80, effective Decem…

67:62:02:16. Appeal procedure. A center may appeal to the secretary of the department any denial, revocation, or suspension of accreditation, or placement on probation by the department. An appeal under this section must be sent by certified mail within fifteen days after receipt…

Rule 67:62:02:17 Time and place of hearing. 67:62:02:17. Time and place of hearing. A fair hearing by an impartial hearing officer shall be held within 45 days after the department receives request for a fair hearing. The hearing officer shall set a time and place for the hearing…

67:62:02:18. Changes requiring notification. An accredited center shall notify the department before a change in the center director, a reduction in services provided by the center, or the impending closure of the center. Upon receiving a notification under this section, the depa…

67:62:02:19. Sentinel event notification. Each accredited center 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 tempora…

67:62:02:20. Approval needed for receipt of government funds. Any funds generated through the provisions of SDCL chapter 27A-5 or any federal funds administered pursuant to SDCL chapter 28-1, may only be granted to an agency if the agency is accredited by the department pursuant …

67:62:02:21. Center application for state or federal assistance. A center applying for state or federal assistance, to supplement services required under the provisions of a service agreement with the department, shall submit a copy of the application to the department for review…

Rule 67:62:03:01 Articles of incorporation. 67:62:03:01. Articles of incorporation. Any center accredited by the department shall be established as a nonprofit organization incorporated in the state of South Dakota. A copy of the articles of incorporation or a nonprofit organizat…

Rule 67:62:03:02 Board of director policies. 67:62:03:02. Board of director policies. The center shall adopt bylaws which state its purpose and shall: (1) Provide for a rotating board composed of members who reside or work in the center's catchment area and who, as a group, repre…

Rule 67:62:03:03 Board responsibilities. 67:62:03:03. Board responsibilities. The board shall take the following actions: (1) Employ an executive director whose qualifications, authority, and duties are defined in writing, and delegate to the executive director authority and resp…

Rule 67:62:03:04 Discrimination in services prohibited. 67:62:03:04. Discrimination in services prohibited. No center may deny any person equal access to its facilities or services on the basis of race, color, religion, gender, ancestry, national origin, mental or physical illnes…

67:62:04:01. Required range of services. Community mental health centers shall serve the counties assigned to them by the department, and provide services to clients with acute mental health issues or serious mental health difficulties, including those with co-occurring disorders…

Rule 67:62:04:02 Center responsibilities. 67:62:04:02. Center responsibilities. A center's services shall be available and accessible, particularly for clients with complex mental health issues and co-occurring disorders as defined in subdivision 67:62:01:01(12), or who experienc…

67:62:04:03. Refusal to serve a child with a serious emotional disturbance or an adult with a serious mental illness -- Alternate provider. A center shall serve any client who meets the serious emotional disturbance or serious mental illness criteria, pursuant to § 67:62:11:01 or…

67:62:04:04. Center's right to appeal. Within thirty days of the refusal to serve, the center's director may submit a letter of appeal to the department, stating the center's cause for maintaining its contract funds. The department shall make a determination and respond to the ce…

67:62:05:01. Policy and procedures manual. Each center must have a policy and procedures manual to ensure compliance with this article and have procedures for reviewing and updating the manual. Source: 43 SDR 80, effective December 5, 2016;.50 SDR 63, effective November 27, 2023 …

67:62:05:02. Statistical data. Each center shall submit to the department statistical data on each client receiving services, at the time and in the manner agreed upon by the department and the center. Each center shall provide statistical data on all services, in accordance with…

Rule 67:62:05:03 Compliance -- Case record review. 67:62:05:03. Compliance -- Case record review. Each center shall establish an ongoing compliance review process for the review of case records to assure the quality and appropriateness of services. Center staff shall be informed …

Rule 67:62:05:04 Retention of records. 67:62:05:04. Retention of records. Each center shall retain all financial records, client case records, and documentation of services provided for at least six calendar years post-treatment for adults or at least six calendar years after the…

67:62:05:05. Accounting system, cost reporting, and annual audit. Each center shall maintain an accounting system pursuant to generally accepted accounting principles. If requested by the department, a center must submit to the department a copy of an annual entity-wide, independ…

67:62:05:06. Fees for services. The board of a center shall adopt a schedule of fees for services. The fees must be based on a client's ability to pay. A center shall provide its clients, referral resources, the public, and the department with up-to-date fees for services, includ…

67:62:05:07. Client orientation. Each center shall establish a policy and procedures to ensure that a new client is provided with orientation to the program, at or before the time of admission, or as soon thereafter as possible. The orientation must provide: (1) A description of …

67:62:05:08. Participation in state plan. Each center shall participate in the state's comprehensive mental health service plan and submit information to the department, as required. Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023. General Au…

Rule 67:62:06:01 Requirements for executive director. 67:62:06:01. Requirements for executive director. The board of directors shall appoint an executive director with the following qualifications: (1) Knowledge of mental health services; (2) Administrative skills; and (3) At the…

Rule 67:62:06:02 Requirements for clinical director. 67:62:06:02. Requirements for clinical director. The clinical director employed or designated by a center's executive director or the board shall meet the qualifications of a clinical supervisor as defined in subdivision 67:62:…

67:62:06:03. Requirements for staff providing direct services and supports to clients. Qualifications to provide direct mental health services and supports to clients are as follows: (1) A staff member who has at least a high school diploma or a high school equivalency may, if su…

Rule 67:62:06:04 Orientation of personnel. 67:62:06:04. Orientation of personnel. The center shall provide orientation for all employees, including contracted staff providing direct clinical services, interns, and volunteers within ten working days after employment. The orientati…

Rule 67:62:06:05 Supervision. 67:62:06:05. Supervision. Any center staff providing direct services to clients, other than those staff who meet the criteria of a clinical supervisor as defined in subdivision 67:62:01:01(8), shall be supervised by a clinical supervisor. The amount …

Rule 67:62:06:06 Personnel policies and records. 67:62:06:06. Personnel policies and records. The center shall maintain written personnel policies and records for all staff including provisions for equal employment opportunities. Each center shall maintain a personnel file or rec…

67:62:06:07. Organizational chart. Each center shall have a current organizational chart that indicates lines of authority from the board of directors and lines of authority for all job classifications. The organizational chart must be made available to all staff members, the boa…

67:62:06:08. Workforce development and training. Each center shall provide for ongoing training and consultation to enable staff and supervisors to carry out their responsibilities effectively. Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.…

Rule 67:62:06:09 Volunteers. 67:62:06:09. Volunteers. If a center uses volunteers as support for programs, the center shall establish and maintain a plan for recruiting, screening, training, and supervising the volunteers. Source: 43 SDR 80, effective December 5, 2016. General Au…

Rule 67:62:06:10 Office of Inspector General Medicaid exclusion list. 67:62:06:10. Office of Inspector General Medicaid exclusion list. Each facility shall routinely check the Office of Inspector General's List of Excluded Individuals and Entities to ensure that each new hire as …

67:62:07:01. Clients' rights. A center shall ensure that the rights of a client are fully protected. A center shall give each client, the client's parent if the client is under the age of eighteen, or the client's guardian or advocate, if any, a copy of the client's rights and re…