Department of Human Services



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 TitleShort DescriptionPublic Hearing DatesInterim Commitee HearingComment Deadline 
Amendment of Chapter 46:11, Repeal of Chapters 46:10 and 46:13 The effects of these changes will be to: combine all rules relating to developmental disabilities under one section to improve accessibility and ease of locating rules; repeal obsolete and unnecessary provisions; update terminology and definitions; update requirements for certification of community support providers; provide clarification regarding rights of participants; update community support provider requirements when dealing with abuse, neglect, and exploitation; update requirements for submission of critical incident reports by community support providers; clarify procedures for appeals, grievances, and rights restrictions; clarify administrative requirements for community support providers; update and clarify service standards for community support providers; update requirements of community support providers for safety, sanitation, and physical facilities; update requirements for medication administration and health care services through community support providers; inclusion of a new chapter describing the comprehensive Home and Community Based Services Medicaid waiver; updates and clarifications for requirements of the Family Support Medicaid Waiver services as well as generally funded Family Support services; updates to the regulations involving Community Training services; updates involving Respite services; and inclusion of Preadmission Screening and Resident Reviews regulations into this chapter. 10/23/2013 11/12/2013 11/02/2013
Updating Intellectual Disability Terminology The effect of these changes will be to: remove all references to “mental retardation” or “mentally retarded” from Department of Human Services, Department of Social Services, and Department of Health Administrative Rules and replace them with “intellectual disability”. These changes will remove terms from South Dakota Administrative Rules that are outdated and offensive and replace those terms with more appropriate people’s first language. The new terminology will not alter the meaning of any current rules nor will it impact any determinations for eligibility of services. 11/27/2013 12/17/2013 12/09/2013
Department of Human Services Preadmission Screening and Resident Review Rules The effect of these changes will be to: update rules relating to Preadmission Screening and Resident Reviews including updating criteria for exemptions from reviews, updating the explanation of the review process and requirements, clarifying the determination and notification process for needed services, updating the appeal process, updating the length of stay requirements, updating the admission and facility transfer process, clarifying residency requirements, and updating terminology 05/12/2014 06/03/2014 05/22/2014
Telecommunication Equipment and Services The effect of these changes will be to: adopt rules to govern the Telecommunications Equipment Distribution Program which provides devices and training to assist with telecommunication for individuals who are deaf, hard of hearing, or have speech impairments; adopt rules to govern the Telecommunications Adaptive Devices Program which provides devices and training to assist with telecommunication for individuals who have disabilities other than deafness, hard of hearing, or speech impairments; adopt rules for the newly developed Hearing Aid Assistance Program which will assist with providing hearing aids to young people who are deaf or hard of hearing; adopt rules to govern the Communication Assistance Services program which provides communication support services to individuals who are deaf and hard of hearing to achieve increased integration into the community and workplace. 08/27/2014 09/16/2014 09/08/2014
Department of Human Services Division of Developmental Disabilities Implementation of Conflict Free Case Management Intends to adopt rules to implement the Center for Medicare and Medicaid Services regulations mandating conflict free case management services to individuals with intellectual disabilities. 06/16/2016 07/12/2016 06/27/2016
Interpreters For The Deaf The effect and purpose of this rule change is to bring the interpreter certification level required for criminal proceedings or serious medical procedures corresponding to the certification currently being granted by the Registry of Interpreters for the Deaf (RID). The changes include clarification of allowable settings and elimination of rules that are no longer applicable. 05/19/2017 06/05/2017 05/30/2017
Division of Developmental Disabilities Addition of For Profit Entities as Providers of Services The reason for adopting the proposed rules is to align the entity requirements for providers with other parts of state government and to allow additional entities to provider services to individuals with an intellectual or developmental disability. Allowing new entities to deliver services will improve program access and autonomy within the service delivery system. New providers bring with them community capacity and service innovation opportunities 08/30/2017 09/25/2017 09/11/2017