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 These changes will remove terms from South Dakota Administrative Rules that are outdated and offensive and replace those terms with more appropriate people’s first language.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
Shared Living Homes & Updates to Family Support Services The purpose of the new rules is to define and to create standards for an additional community support and service delivery mechanism. In addition the rules amend current rules to allow the delivery of statewide family support services to adults, who meet certain criteria. 10/27/2017 11/14/2017 11/06/2017
CHOICES Waiver Services The CHOICES waiver services program has new federal mandates directly impacting the definitions for state employment related services for disabled individuals, including day habilitation (now referred to as day services) and prevocational services (now referred to as career exploration). The Inventory for Client and Agency Planning (ICAP) needs assessment is used to approve eligibility and determine level of service need. Currently, the ICAP is required to be updated and submitted to the DDD annually. This is a significant administrative effort. A participant’s ICAP data generally does not change in one year’s time. The proposed revision includes ICAP completion by the community service provider upon the initiation of a person’s services, as changes occur, and every three years. 10/17/2018 11/20/2018 10/29/2018
Shared Living Homes, Administrative Requirements, CHOICES Waiver Services, Family Support Waiver Services and Family Support Services The effect of the rules and the reason for adopting the proposed rules is to: limit participants in shared living to individuals with IDD/DD age 22 and older; require training for disability awareness, the participant’s Individual Service Plan, and abuse, neglect, and exploitation for respite care providers and anyone over 18 years of age living in the home; allow a cell phone to be used instead of requiring a landline; prohibit a shared living provider from being a representative payee over a participant’s money; specify the staff orientation requirements of providers of case management; clarify what Individual Service Plan expectations are for a participant’s goals; eliminate a rule concerning alternative day services; add new training requirements to include focusing on the participant’s needs to achieve their good life; add new requirements to ISP development to include Charting the LifeCourse principles; modify coordination of required actions and timeframes; repeal a rule which is repetitive with DSS Medicaid rules; eliminate a rule stating that no services are provided if state funds are not available; change the name of Statewide Family Support to Strengthening Families Program; and update the age requirement from 2 ½ to 3 years of age for incontinence supplies. 10/10/2019 11/04/2019 10/21/2019
Adult Protective Services The proposed administrative rules propose to transfer the chapter concerning the Adult Protective Services from the Department of Social Services to the Department of Human Services. The proposed rules transfer revise the definitions, delineate the eligibility requirements, and add a service provided rule. 07/28/2020 08/18/2020 08/07/2020
Ombudsman Services Rules The effect of these rule changes will be to clarify and administer ombudsman services. 04/30/2021 06/07/2021 05/10/2021
Department of Human Services Division of Rehabilitation Services §§ 46:30:09:03, 46:30:10:03, 46:30:12:01, 46:30:12:03, 46:31:01:05; Division of Developmental Disabilities §§ 46:04:01:01, 46:04:01:02, 46:04:01:04, 46:04:01:06, 46:04:01:08, 46:04:01:09, 46:04:01:11, 46:04:01:12, 46:04:01:15, 46:04:01:16, 46:04:01:21, 46:04:01:24, 46:04:01:27, 46:11:01:01, 46:11:02:05.1, 46:11:02:06, 46:11:02:07, 46:11:02:09, 46:11:02:10, 46:11:03:00, 46:11:04:04, 46:11:05:02, 46:11:05:05, 46:11:05:05.1, 46:11:05:05.2, 46:11:07:16, 46:11:08:01, 46:11:08:02, 46:11:11:05, and the proposed repeal of 46:04:01:10 and 46:11:06:03 The effect of the rules will be to increase eligibility for certain telecommunications equipment; to correct and specify eligibility for the communication assistance services program; to add criteria for denial, suspension or revocation of interpreter certification; update shared living terminology and compliance requirements; expand time for shared living required training and training requirements; amend definitions; adjust provider enrollment requirements; clean up language and internal references; specify records requirements; update case management provisions; clarify the requirement for a functional behavior analysis; clarify provider role regarding immunizations; increase eligibility for community training services; to repeal day service provisions within the shared living chapter; and to repeal the 300-foot provider building separation requirement. 09/30/2022 11/01/2022 10/17/2022
CHOICES and Family Support 360 Waiver, Interpreter Registration and Intermediate Care Facility Termination Notice The proposed rules add regulatory definitions for the terms “abuse,” “exploitation” and “neglect;” revise criteria for imposing probation on certain providers; specify that providers must afford all participants their rights; specify providers may not allow or condone abuse, neglect or exploitation; update appeal provisions when services are terminated by a provider; update definitions concerning Family Support Waiver Services; clarify hiring responsibilities under the agency with choice model; add new language concerning the common-law employer model; add specialized therapies as a service covered under the Family Support Waiver; repeal review of a qualified provider; update notice requirements for when an intermediate care facility terminates services; and repeal certain registration requirements for interpreters. 10/11/2023 11/07/2023 10/25/2023
Provider initiated terminations of CHOICES waiver services (ARSD 46:11:08:05). The effect of the amended rule will be to allow providers of CHOICES waiver services to cease providing services to participants appealing a termination notice after a decision is issued, or ninety days from the date of the termination notice, whichever is sooner; to clarify who may appeal; and to clarify what is reviewed during appeal hearings. The reason for adopting the proposed amended rule is to provide certainty to providers as to the maximum amount of time services must be provided after issuing a termination notice, balanced with participants’ rights to due process; and to provide clarity about the appeal process. 04/30/2024 06/10/2024 05/14/2024