ARSD Article 46:30 — REHABILITATION SERVICES

article-46-30ARSD Article 46:30Regulation

Open source

HUMAN SERVICES HUMAN SERVICES

Chapter 46:30:01

ARSD 46:30:01:01 Definitions

Terms used in this article mean:

(1) "Audiologist," an individual as defined in SDCL 36-24-1.2;

(2) "Deaf," a non-correctable, bilateral hearing loss of 90dB HL or more;

(3) "Department," the Department of Human Services;

(4) "Division," the Division of Rehabilitation Services, a division of the Department of Human Services;

(5) "Hard of hearing," a hearing loss of 30dB HL or more in the better ear;

(6) "Hearing aid," any wearable instrument or device offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories to the instrument or device, including ear molds, but excluding batteries or cords. The term, hearing aid, does not include cochlear implant, cochlear prosthesis, or bone anchored hearing aids;

(7) "Household income," income which includes gross income of each parent or guardian who is legally responsible for the care and support of the applicant. If the applicant has reached the age of majority and continues to reside at home, the parents' or guardians' income will continue to be considered. If the applicant has reached the age of majority and lives independently, only the applicant's income will be considered.

(8) "Provider," an agency contracted by the Department of Human Services to provide services to eligible applicants of specific programs;

(9) "Resident," an individual who is physically present in South Dakota with an expressed intent to remain; or in the case of a child under 18 years of age, the custodial and legally responsible parent or guardian of the child who is physically present in South Dakota with an expressed intent to remain;

(10) "Secretary," the Secretary of the Department of Human Services;

(11) "Specialized telecommunication equipment," equipment and software provided through one of the telecommunications programs specifically for telecommunication;

(12) "Speech impairment," an impaired ability to produce speech sound which may range from mild to severe;

(13) "Telecommunication," the science and technology of communication at a distance by electronic transmission of impulses;

(14) "Telecommunication Adaptive Devices Program" or "TAD," a program to provide telecommunication adaptive devices to individuals with disabilities that do not include deafness, deaf/blind, hard of hearing, or speech impairment, and

(15) "Telecommunication Equipment Distribution Program", or "TED," a program to provide telecommunication devices to individuals who are deaf, deaf/blind, hard of hearing, or have a speech impairment.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:01:01, effective July 1, 1977; transferred from § 71:01:01:01, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 21 SDR 45, effective September 15, 1994; 24 SDR 99, effective February 1, 1998; 26 SDR 96, effective January 24, 2000; 38 SDR 213, effective June 18, 2012; 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:01:02 Repealed
          46:30:01:02.  Confidential information.Repealed.

History

  • Source: 4 SDR 89, effective July 2, 1978; transferred from § 71:01:01:03, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:01:03 Repealed
          46:30:01:03.  Division responsible for administration of program.Repealed.

History

  • Source: 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:01:04 Vocational rehabilitation program -- Use of federal and state laws

Unless otherwise specified in this article, in carrying out the administration of SDCL chapter 28-9, the vocational rehabilitation program, the Division of Rehabilitation Services shall follow the regulations set forth in 34 C.F.R. §§ 361 to 367, inclusive, (November 1, 1998); and Titles I to VIII, inclusive, of the Rehabilitation Act of 1973, Pub. L. No. 93-112, as amended (August 7, 1998).

History

  • Source: 24 SDR 99, effective February 1, 1998; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-40, 28-9-44.
  • Law Implemented: SDCL 28-9-40, 28-9-44.

Chapter 46:30:03

ARSD 46:30:03:00 Repealed
          46:30:03:00.  Administration of establishment grants and service to groups grants.Repealed.

History

  • Source: 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:03:01 Repealed
          46:30:03:01.  Proof of nonprofit status required for establishment grants.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:01, effective July 1, 1977; transferred from § 71:02:02:01, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:03:02 Selection of grants

The division shall select grants based on the following:

(1) Professional and technical qualification of personnel;

(2) Adequacy of equipment;

(3) Adequacy of services rendered; and

(4) Identified needs of persons with disabilities.

Grant awards are contingent upon the availability of funds.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:02, effective July 1, 1977; transferred from § 71:02:02:02, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994.
  • General Authority: SDCL 28-9-44.
  • Law Implemented: SDCL 28-9-38.
ARSD 46:30:03:03 Repealed
          46:30:03:03.  Requisite for additional services for workshops and facilities.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:03, effective July 1, 1977; transferred from § 71:02:02:03, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:03:04 Repealed
          46:30:03:04.  Standards for agencies that receive grant awards.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:04, effective July 1, 1977; transferred from § 71:02:02:04, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998
ARSD 46:30:03:05 Repealed
          46:30:03:05.  Source of matching funds.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:05, effective July 1, 1977; transferred from § 71:02:02:05, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:03:06 Repealed
          46:30:03:06.  Costs allowable for establishment grants.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:06, effective July 1, 1977; transferred from § 71:02:02:06, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 14, 1994; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:03:07 Repealed
          46:30:03:07.  Costs not allowable for establishment grants.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:07, effective July 1, 1977; transferred from § 71:02:02:07, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:03:08 Repealed
          46:30:03:08.  Grant project period -- Extensions.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:08, effective July 1, 1977; 15 SDR 107, effective January 26, 1989; transferred from § 71:02:02:08, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:03:09 Reasons for terminating grants

The division may terminate grants when federal funds are exhausted. The division may also terminate grants for any of the following circumstances:

(1) The project period ends and the agency makes no request for the continuation of the grant;

(2) The agency ceases to be a public or private nonprofit agency;

(3) The agency fails to meet the objectives as established in the grant proposal or ceases to benefit individuals with disabilities;

(4) Changes were made by the division in the priority of services; or

(5) Matching funds from the agency are not available.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:04:09, effective July 1, 1977; transferred from § 71:02:02:09, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994.
  • General Authority: SDCL 28-9-44.
  • Law Implemented: SDCL 28-9-38.

Chapter 46:30:05

ARSD 46:30:05:01 Notice of right to administrative review and fair hearings

Applicants for or consumers of vocational rehabilitation services shall be informed in writing or in an accessible format of their right to an administrative review, mediation, and fair hearing.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:02, effective July 1, 1977; transferred from § 71:03:02:02, 9 SDR 94, effective January 25, 1983; transferred from § 71:03:02:00, SL 1989, ch 21, § 3, effective July 1, 1989; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:02 Right to administrative review

An applicant or consumer of vocational rehabilitation services who is dissatisfied with a determination regarding eligibility or receipt of services from the division may submit a written request to the division for an administrative review within 30 days from the receipt of eligibility determination or denial of services. The administrative review is voluntary on the part of the applicant or consumer. This process may not be used to deny or delay a fair hearing before an impartial hearing officer pursuant to § 46:30:05:05, unless the parties jointly agree to a delay.

Cross-Reference: Right to fair hearing, § 46:30:05:05.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:01, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:01, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000; 38 SDR 213, effective June 18, 2012.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:03 Time and place of review

A representative of the division shall meet with the aggrieved party at the earliest time convenient for both. The place for the review shall be the vocational rehabilitation office closest to the aggrieved party's home unless another place is agreed upon by both parties.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:03, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; transferred from § 71:03:02:03, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 38-10-21(7).
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:04 Notice of results of review

A representative of the division shall notify the aggrieved party in writing or in an accessible format of the determination within 10 working days after the date the review takes place.

History

  • Source: 9 SDR 94, effective January 25, 1983; transferred from § 71:03:02:03.01, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:05 Right to fair hearing

An applicant or consumer of vocational rehabilitation services who is dissatisfied with a determination regarding eligibility or the receipt of services from the division may request a fair hearing by an impartial hearing officer by sending a written request to the division within 30 days from the receipt of eligibility determination or denial of services. An applicant or consumer of vocational rehabilitation services dissatisfied with the outcome of the administrative review process pursuant to § 46:30:05:02, or the mediation process pursuant to § 46:30:05:17, may request a fair hearing. The written request for a fair hearing must be submitted to the division within ten days following mediation or from the date of the receipt of notice of the results of the administrative review pursuant to § 46:30:05:04.

Cross-References:

Right to administrative review, § 46:30:05:02.

Notice of results of review, § 46:30:05:04.

Right to mediation, § 46:30:05:17.

History

  • Source: 9 SDR 94, effective January 25, 1983; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:03.02, SL 1989, ch 21, § 3, effective July 1, 1989; 26 SDR 96, effective January 24, 2000; 38 SDR 213, effective June 18, 2012.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-44, 28-10-21.
ARSD 46:30:05:06 Time and place of hearing

A fair hearing by an impartial hearing officer shall be held within 60 days after receipt by the division of a request by the applicant or consumer unless an extension of time is granted as specified in § 46:30:05:07. The hearing shall be held at the vocational rehabilitation office closest to the aggrieved party's home unless another place is agreed upon by both parties.

History

  • Source: 9 SDR 94, effective January 25, 1983; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:03.03, SL 1989, ch 21, § 3, effective July 1, 1989; 26 SDR 96, effective January 24, 2000; 35 SDR 165, effective December 22, 2008.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-44, 28-10-21.
ARSD 46:30:05:07 Extensions of time

Except for the time limit established in § 46:30:05:14, time extensions may be provided by the impartial hearing officer or upon agreement of both parties to a specific extension of time.

History

  • Source: 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:03.04, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:08 Contents of notice of hearing -- Waiver

Written or in an accessible format notice of the time and place set for hearing shall be issued to the aggrieved party at least 10 days before the hearing date. The notice may be waived by the aggrieved party. The notice shall include a statement that the aggrieved party and the witnesses are to be present at the time and place fixed for the hearing, and that exhibits or documents intended to be introduced as evidence at the hearing must be made available at that time; a statement that the aggrieved party may be represented by an attorney or authorized representative; and a statement that payment of legal fees will not be covered by the department.

Cross-Reference: Contents of notices in contested cases, SDCL 1-26-17.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:04, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; transferred from § 71:03:02:04, SL 1989, ch 21, § 3, effective July 1, 1989; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:09 Requirements of fair hearing procedure

Fair hearing procedure shall include an opportunity to develop the facts relevant to points in issue; confrontation and cross-examination of witnesses under oath; objection to admission or exclusion of evidence; rebuttal of evidence presented; introduction of exhibits and documents as evidence; examination, upon request, of all exhibits and documents offered or received as evidence either at or prior to the hearing; and making available any relevant materials or statements on the issue.

Cross-Reference: Rules of evidence in contested cases, SDCL 1-26-19.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:05, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; transferred from § 71:03:02:05, SL 1989, ch 21, § 3, effective July 1, 1989.
  • General Authority: SDCL 28-9-44, 28-10-21.
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:10 Reexaminations authorized if hearing involves medical issues

If the hearing involves a medical issue, the division director may authorize another medical assessment by a general practitioner or a specialist in the area of the alleged disability or functional limitation other than the person or persons who conducted the original medical examination. The reexamination shall be made part of the record. If the general practitioner or specialist recommends referral for further examination or testing, the division director shall authorize it and the department shall pay for it.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:06, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; transferred from § 71:03:02:06, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-36, 28-10-14.
ARSD 46:30:05:11 Adjournment of hearing

The impartial hearing officer may adjourn a fair hearing from day to day or to a designated date upon notice to the parties.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:08, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:08, SL 1989, ch 21, § 3, effective July 1, 1989; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-44, 28-10-21.
ARSD 46:30:05:12 Record of hearing

The division director shall appoint a qualified person to act as reporter at the hearing and make a verbatim record of the testimony.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:09, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; transferred from § 71:03:02:09, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991.
  • General Authority: SDCL 28-9-44.
  • Law Implemented: SDCL 28-9-36.
ARSD 46:30:05:13 Written decision required after fair hearing

The impartial hearing officer shall decide the issues presented at the fair hearing based on the Rehabilitation Act of 1973, as amended (August 7, 1988), the approved state plan and federal vocational rehabilitation regulations, and shall provide to the applicant or consumer or the representative of the applicant or consumer and the secretary a full written report of the proposed findings and grounds for the decision within 30 days after the completion of the hearing.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:02:10, effective July 1, 1977; repealed, 9 SDR 94, effective January 25, 1983; readopted, 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:10, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-44, 28-10-14.
ARSD 46:30:05:14 Review by secretary

Upon receipt of the impartial hearing officer's full written report and proposed decision, the secretary shall notify in writing or in an accessible format the applicant or consumer or the representative of the applicant or consumer of the secretary's decision to adopt or review the impartial hearing officer's report. This action shall be completed within 20 days after receipt of the impartial hearing officer's report. The applicant or consumer or the representative of the applicant or consumer shall be provided an opportunity to submit additional evidence and information if the secretary's decision is to review the impartial hearing officer's report.

History

  • Source: 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:12, SL 1989, ch 21, § 3, effective July 1, 1989; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-44, 28-9-36, 28-10-14.
ARSD 46:30:05:15 Written decision required after secretary's review

Within 30 days after providing notice of intent to review the impartial hearing officer's report, the secretary shall make a final decision and provide a full report in writing of the decision and of the findings and grounds for the decision to the applicant or consumer or to the individual's representative.

History

  • Source: 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:13, SL 1989, ch 21, § 3, effective July 1, 1991; 18 SDR 95, effective December 2, 1991; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-44, 28-10-14.
ARSD 46:30:05:16 Repealed
          46:30:05:16.  Impartial hearing officer defined.Repealed.

History

  • Source: 15 SDR 107, effective January 26, 1989; transferred from § 71:03:02:14, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:05:17 Right to mediation

An applicant or a consumer of vocational rehabilitation services shall be informed of the right to mediation. Mediation shall be offered as an option when a fair hearing is requested. An applicant or consumer of vocational rehabilitation services may request mediation by sending a written request to the division within 30 days from the receipt of eligibility determination or denial of services. An applicant or consumer of vocational rehabilitation services dissatisfied with the outcome of the administrative review process pursuant to § 46:30:05:02, may request mediation. The request for mediation must be submitted to the division within ten days from the notice of the result of the administrative review pursuant to § 46:30:05:04. The mediation process is voluntary on the part of the parties and may not be used to deny or delay the right of an individual to a fair hearing before an impartial hearing officer pursuant to § 46:30:05:05. Mediation shall be conducted by a qualified and impartial mediator. The division shall maintain a list of individuals who are qualified mediators and knowledgeable in the laws relating to the provision of vocational rehabilitation services. The division shall bear the cost of the mediation process, except for the applicant's or consumer's legal fees.

Cross-References:

Right to administrative review, § 46:30:05:02.

Notice of results of review, § 46:30:05:04.

History

  • Source: 26 SDR 96, effective January 24, 2000; 38 SDR 213, effective June 18, 2012.
  • General Authority: SDCL 28-9-44(7), 28-10-21(7).
  • Law Implemented: SDCL 28-9-44, 28-10-14.

Chapter 46:30:06

ARSD 46:30:06:01 Definition of terms

Terms defined in § 46:30:01:01 have the same meaning when used in this chapter. In addition, terms used in this chapter mean:

(1) "Dependent family member," an individual who is single, living at home with parents or legal guardians and is claimed as a dependent on the current family federal income tax form or receives more than half of the individual's financial support from parents or legal guardians;

(2) "Economic need test," a test to determine the economic need of an individual with a disability as a condition precedent to providing specific rehabilitation services;

(3) "Family unit," the head of household and all other individuals the head of household may currently claim as dependents for federal income tax purposes; a married couple filing separate tax returns;

(4) "Poverty guidelines," the dollar amounts set by the United States Department of Health and Human Services in 59 Fed. Reg. 6,277 (February 10, 1994);

(5) "Yearly adjusted gross income," the family unit's salaries, net business profit, net farm income, investment income, insurance or compensation, old age survivors' insurance, social security disability insurance, supplemental security income, public assistance, unemployment insurance, aid from family members, or any other resources available to the family unit.

History

  • Source: 3 SDR 20, effective September 19, 1976; 3 SDR 63, effective March 17, 1977; transferred from § 67:30:03:01, effective July 1, 1977; 10 SDR 48, effective November 24, 1983; 11 SDR 69, effective November 18, 1984; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:03:01, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(4), 28-10-21(4).
  • Law Implemented: SDCL 28-9-30, 28-9-32, 28-9-44, 28-10-14.
ARSD 46:30:06:01.01 Extenuating costs

Extenuating costs consist of the following:

(1) Medical expenses: the actual out-of-pocket costs of medical, dental, psychological, and personal assistant services for which there is evidence that payments are being made during the year. Medical liabilities for which no payments are being made are not considered;

(2) Training expenses for the individual and other dependent family members: the actual out-of-pocket costs of the consumer and other dependent family members attending an educational institution for postsecondary training or education on an undergraduate level and costs of elementary or secondary students attending special education or training facilities; and

(3) Child care expenses: the actual cost of child care for dependent family members because of the absence of the consumer for employment or training.

History

  • Source: 21 SDR 45, effective September 15, 1994; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(4), 28-10-21(4).
  • Law Implemented: SDCL 28-9-31, 28-9-32, 28-10-14.
ARSD 46:30:06:01.02 Repealed
          46:30:06:01.02. Cost to clients.Repealed.

History

  • Source: 21 SDR 45, effective September 15, 1994; repealed, 24 SDR 99, effective February 1, 1998.
ARSD 46:30:06:02 Repealed
          46:30:06:02.  Services requiring economic need test.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:02, effective July 1, 1977; transferred from § 71:03:03:02, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:06:03 Repealed
          46:30:06:03.  Services not requiring economic need test.Repealed.

History

  • Source: SL 1975, ch 16, § 1; 3 SDR 20, effective September 19, 1976; transferred from § 67:30:03:03, effective July 1, 1977; 5 SDR 91, effective April 22, 1979; transferred from § 71:03:03:03, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:06:04 Measurement of economic need

Vocational rehabilitation services requiring a determination of economic need may be provided to an individual with a disability whose total resources owned and yearly income earned meet the following measurement of economic need:

(1) The family unit's equity in income-producing real property does not exceed $75,000;

(2) The family unit's cash, bonds, securities, or investments do not exceed $3,500 plus $250 for a spouse and $250 for each dependent child; and

(3) The total family unit's yearly adjusted gross income minus any extenuating costs does not exceed 185 percent of the poverty guideline. If it is not possible to calculate the current yearly income of the family unit, the yearly income earned by the family unit in the last calendar year shall be used to meet the requirements of this subdivision.

If the individual is a dependent child or a dependent adult, the division shall consider the total resources and adjusted yearly gross income minus any extenuating costs of the family unit in establishing economic need. Earned income of dependent children still in high school is not considered in establishing economic need.

The division shall consider any resources over the standards in this section available for application to the costs of the rehabilitation plan.

History

  • Source: SL 1975, ch 16, § 1; 3 SDR 63, effective March 17, 1977; transferred from § 67:30:03:04, effective July 1, 1977; 9 SDR 94, effective January 25, 1983; 11 SDR 69, effective November 18, 1984; transferred from § 71:03:03:04, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(4), 28-10-21(4).
  • Law Implemented: SDCL 28-9-30, 28-9-32, 28-9-44, 28-10-14.
ARSD 46:30:06:05 Repealed
          46:30:06:05.  Determination of yearly family living expenses.Repealed.

History

  • Source: 10 SDR 48, effective November 24, 1983; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:03:04.01, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:06:06 Repealed
          46:30:06:06.  Similar economic benefits to be given consideration -- Exceptions.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:05, effective July 1, 1977; transferred from § 71:03:03:05, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:06:07 Repealed
          46:30:06:07.  Consideration of similar benefits.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:06, effective July 1, 1977; 15 SDR 107, effective January 26, 1989; transferred from § 71:03:03:06, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:06:08 Repealed
          46:30:06:08.  Similar rehabilitation services to be used -- Exceptions.Repealed.

History

  • Source: SL 1975, ch 16, § 1; transferred from § 67:30:03:07, effective July 1, 1977; transferred from § 71:03:03:07, SL 1989, ch 21, § 3, effective July 1, 1989; repealed, 21 SDR 45, effective September 15, 1994.
ARSD 46:30:06:09 Limit on tuition and fees at private educational institutions -- Exceptions

The department's payment for tuition and fees for eligible individuals attending private postsecondary educational institutions is limited to the tuition and fees established by the South Dakota Board of Regents pursuant to SDCL 13-53-6 or to the tuition established by the South Dakota Board of Education for postsecondary technical institutes plus the individual instructional fees established for the various programs, with the following exceptions:

(1) If it is determined by the division that a consumer is in need of special services or medical treatment concurrent with training and that such services or treatment are not provided in a location where a state school is located, the total cost of the tuition and fees may be paid by the division; or

(2) When it is jointly determined by the division and the consumer to undertake training which is not available in a state school, the total cost of tuition and fees may be paid.

If it is necessary for an individual to attend an out-of-state training program because of the individual's disability, the individual's and family's financial responsibility may be no greater than the financial responsibility to attend a comparable in-state training program.

History

  • Source: 3 SDR 20, effective September 19, 1976; transferred from § 67:30:03:08, effective July 1, 1977; 11 SDR 69, effective November 18, 1984; transferred from § 71:03:03:08, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; 26 SDR 96, effective January 24, 2000.
  • General Authority: SDCL 28-9-44(4), 28-10-21(4).
  • Law Implemented: SDCL 28-9-30, 28-9-32, 28-9-44, 28-10-14.

Chapter 46:30:07

ARSD 46:30:07:01 Definitions

The terms used in this chapter mean:

(1) "Attendant services," services of a personal attendant performed on behalf of and at the direction of a consumer to allow the consumer to remain at home;

(2) "Income," money received in a month, including wages or salaries after deductions for taxes and pensions, social security payments, supplemental security income, railroad retirement, dividends, veterans' benefits, pensions, annuities, unemployment compensation, income tax refunds, interest, trust income except the interest accrued on burial funds, net farm income, net self-employment income, and net rental income;

(3) "Resources," those assets an individual has at the beginning of a month which are not counted as income for that month;

(4) "Consumer," an applicant for or a recipient of services under this chapter;

(5) "Department," the Department of Human Services.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:02 Repealed
          46:30:07:02.  Application. Repealed.

History

  • Source: 23 SDR 2, effective July 18, 1996; repealed, 38 SDR 213, effective June 18, 2012.
ARSD 46:30:07:03 Eligibility

A consumer is eligible for attendant services if the consumer meets the following requirements:

(1) Has an injury to the spinal cord, 8th vertebrate in the neck or above, causing severe paralysis of both lower limbs or trunk and total or partial paralysis of both upper limbs. The condition must be caused by an accident and may not be the result of the normal aging process or disease;

(2) Is at least 18 years old;

(3) Is mentally alert and oriented to the realities of time, space, and place as determined by the consumer's personal physician;

(4) Possesses the ability to live independently outside an institution or facility;

(5) Meets the cost sharing requirement in § 46:30:07:07 and resource requirements in (9) of this section;

(6) Requires institutional care as determined by the consumer's personal physician if attendant services are not provided;

(7) Is not eligible for other attendant services program;

(8) Is a South Dakota resident;

(9) Does not have resources valued greater than $10,000. One motor vehicle, one home, and home property regardless of value are excluded from resources;

(10) Can direct and manage the needed services; and

(11) Is medically stable and free from life threatening conditions as determined by the consumer's personal physician.

Cross-Reference: Eligibility for other attendant services programs, § 46:30:07:04.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:04 Eligibility for other attendant services programs

The consumer must apply for any other attendant services programs available to the consumer. If the consumer is eligible for attendant services from any other program, the department shall serve the consumer under the program that is most economically beneficial to the state. Consumers refusing to apply for other attendant services programs are not eligible for services under this chapter. The department shall send notice of appeal pursuant to § 46:30:07:12 to consumers who refuse to apply for other attendant services programs.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:05 Assessment and service plan

The department, in consultation with the consumer, shall assess the consumer's capacity to live independently and the consumer's attendant services needs. The department and the consumer shall use the assessment to develop the consumer's service plan. The case manager, consumer's personal physician, and department must approve the plan before the department may reimburse for services.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:06 Reimbursable services

Reimbursable services are as follows:

(1) Practicing infection control methods;

(2) Handling and disposing of body fluids;

(3) Bathing, including bed, tub, shower, and baths;

(4) Caring for hair, including shaving;

(5) Maintaining oral hygiene, including brushing teeth and cleaning dentures;

(6) Dressing and undressing;

(7) Assisting with toileting;

(8) Caring for incontinence;

(9) Feeding or assisting with eating, unless there is another person in the home who is able to perform the task;

(10) Planning and preparing meals, including shopping for and purchasing food, unless there is another person in the home who is able to perform the task;

(11) Performing routine eye care;

(12) Taking temperatures;

(13) Caring for nails and feet;

(14) Applying ace wraps and antiembolic stockings;

(15) Assisting with applying or removing a prosthesis or orthotic device;

(16) Assisting with self-administration of medications;

(17) Changing dressings on uninfected sores;

(18) Caring for skin, including back rubs;

(19) Turning and positioning in bed;

(20) Assisting with transfers;

(21) Maintaining the consumer's home in a clean and safe condition, unless there is another person in the home who is able to perform the task;

(22) Making a wrinkle-free bed, unless there is another person in the home who is able to perform the task;

(23) Laundering and mending clothes, unless there is another person in the home who is able to perform the task;

(24) Assisting with paying bills, balancing a checkbook, and managing the home budget, unless there is another person in the home who is able to perform the task;

(25) Performing range-of-motion exercises designed specifically for the consumer;

(26) Performing routine ostomy care; and

(27) Assisting with bowel and bladder program.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:07 Cost sharing

The consumer must participate in a percentage of the cost for attendant services if the percentage is greater than zero. The percentage of cost is determined using the following formula:

Consumer's monthly income-(3 x maximum SSI standard benefit)

Percentage of cost = _______________________________________________________

4 x maximum SSI standard benefit

Payment for attendant services may not exceed the rate paid for services of a personal attendant provided under chapter 67:54:06, the assistive daily living services program.

Cross-Reference: Department to refer certain individuals to Social Security Administration to apply for SSI, § 67:46:04:13.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:08 Procedure for obtaining reimbursement

The department shall pay the consumer for approved reimbursable services in § 46:30:07:06. The consumer must submit a monthly bill on a form provided by the department by the 15th of the following month after services are performed. The department may not pay for more than 42 hours of reimbursable services during a calendar week.

Cross-Reference: Assessment and service plan, § 46:30:07:05.

History

  • Source: 23 SDR 2, effective July 18, 1996; 38 SDR 213, effective June 18, 2012.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1, 28-8A-7.1.
ARSD 46:30:07:09 Notice of change in income and resources

The consumer must immediately inform the department of any changes in the consumer's income and resources.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:10 Annual review of service plans, income, and resources

The department shall review service plans annually. They must be approved by the consumer's physician, the case manager, and the department.

Annually, the department shall review the consumer's income to determine the consumer's percentage of cost sharing in § 46:30:07:07 and the consumer's resources to determine continued eligibility under § 46:30:07:03.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:11 Discontinuance of attendant services

The department may discontinue services for the following reasons:

(1) The consumer can no longer benefit from attendant services under this chapter;

(2) The consumer's health or safety would be jeopardized if services were continued;

(3) The consumer suffers from an uncontrolled infectious disease such as hepatitis and tuberculosis or a condition such as human immunodeficiency virus;

(4) The consumer is abusing or harassing a person delivering services or a life threatening situation exists for such a person;

(5) The consumer's living environment presents health and fire hazards or unsafe conditions to any person delivering services;

(6) the consumer submits fraudulent bills for reimbursement;

(7) The consumer fails to allow a person delivering services on the premises;

(8) The consumer or others in the household are under the influence of illegal drugs;

(9) The consumer becomes eligible for another attendant services program which is more economically beneficial to the state;

(10) Funds needed for the program under this chapter are not available;

(11) The consumer is determined incapable by the personal physician or fails an assessment performed by the case manager under chapter 67:54:06;

(12) The consumer is no longer eligible under § 46:30:07:03; or

(13) The consumer fails to report income and resources immediately as required by §§ 46:30:07:09 and 46:30:07:10 or reports income and resources fraudulently during the application process or the annual review.

Cross-References:

Procedure for obtaining reimbursement, § 46:30:07:08.

Annual review of service plans, income, and resources, § 46:30:07:10.

History

  • Source: 23 SDR 2, effective July 18, 1996; 38 SDR 213, effective June 18, 2012.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.
ARSD 46:30:07:12 Notice of appeal

The department shall notify the consumer in writing of the consumer's ineligibility to receive services within 30 days of application or of termination of services at least ten days before termination. The notice shall state the specific rule supporting the action taken and explain the consumer's right to request a fair hearing and to be represented by others at the hearing. The notice shall include the time in which a hearing may be requested and the information needed to make the request. The consumer has 30 days after receiving the notice to request a hearing. Attendant services will continue until the appeal is resolved.

History

  • Source: 23 SDR 2, effective July 18, 1996.
  • General Authority: SDCL 28-8A-6.1.
  • Law Implemented: SDCL 28-8A-5.1.

Chapter 46:30:08

ARSD 46:30:08:01 Definitions

Terms used in this chapter mean:

(1) "Applicant," a parent or legal guardian of an individual less than 21 years of age or an individual less than 21 years of age;

(2) "Cochlear implant," a surgically implanted device that assists an individual with severe and profound hearing loss to hear sounds;

(3) "Division," the Division of Rehabilitation Services, a division of the Department of Human Services;

(4) "Initial mapping," the fitting of the external parts of the implant device and programming of the device;

(5) "Profound hearing loss," a hearing impairment of 91dBHL or more;

(6) "Severe hearing loss," a hearing impairment of 71dBHL to 90dBHL;

(7) "Telecommunication fund for the deaf," a fund comprised of the deposit of access fees imposed on local exchange service lines, cellular telephones, and radio pager devices. These funds are used for telecommunication for deaf, severely hearing impaired, and speech impaired individuals.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007; 37 SDR 111, effective December 7, 2010.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:02 Cochlear implant services

Cochlear implant services under this chapter are limited to those covered services in § 46:30:08:03 for an applicant determined eligible pursuant to § 46:30:08:04. Cochlear implant services shall be provided by those providers approved by the division. The division shall maintain a list of approved providers.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:03 Covered services

The fund created by § 49-31-50 may only be used for the following devices and services:

(1) Cost of implant surgery for one or both ears;

(2) Cost of two implant devices;

(3) Surgeon's usual and customary fee;

(4) Hospital's usual and customary fee;

(5) Anesthesiologist's usual and customary fee;

(6) Cost of initial mapping; and

(7) Cost of follow-up mappings completed within one year after surgery or up to a maximum of 12.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:04 Eligibility criteria

To be eligible for funding for the services described in § 46:30:08:03 the applicant must meet the following criteria:

(1) Is an individual less than 21 years of age at the time of application;

(2) Is a resident of South Dakota;

(3) Has a severe to profound hearing loss as diagnosed by an audiologist; and

(4) Is medically recommended for a cochlear implant by the individual's cochlear implant surgeon.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007; 37 SDR 111, effective December 7, 2010.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:05 Application

The applicant shall submit a completed and signed application on a form provided by the division and shall include the following information:

(1) Documentation from the applicant's implant surgeon that one or two cochlear implants is medically recommended;

(2) Documentation of a progressive hearing loss which led to deafness, if applicable;

(3) A written quote of the provider's usual and customary charge for services listed in § 46:30:08:03; and

(4) Proof of creditable coverage as defined in SDCL 58-18-44, if any.

The division shall reject an application that fails to provide the required information.

Cross-Reference: Creditable coverage defined, SDCL 58-18-44.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007; 37 SDR 111, effective December 7, 2010.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:06 Notice of ineligibility determination

If the division determines that an applicant is ineligible, the division shall notify the applicant in writing within 60 days of receipt of the completed application. The notice shall include the reason for ineligibility and the process of appeal pursuant to § 46:30:08:13.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:07 Repealed
          46:30:08:07.  Additional information required if eligible. Repealed.

History

  • Source: 32 SDR 32, effective August 29, 2005; repealed, 34 SDR 179, effective December 24, 2007.
ARSD 46:30:08:08 Preauthorization and payment

Any payment for funding of the covered services listed in § 46:30:08:03 must be preauthorized by the division.

The division shall issue payment only after all health insurance payments have been verified. Payment for any service is contingent upon the availability of funds during each fiscal year.

History

  • Source: 32 SDR 32, effective August 29, 2005.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:09 Coverage limits -- Uninsured

An eligible applicant who is not covered by any health insurance plan shall receive coverage for those services listed in § 46:30:08:03.

History

  • Source: 32 SDR 32, effective August 29, 2005.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:10 Coverage limits -- Insured

An eligible applicant who is covered by any health insurance plan or third party payor may only receive funds for those amounts incurred and payable by the covered person under the deductible and coinsurance provisions of a health plan which are for the covered services listed in § 46:30:08:03.

Expenses for any service authorized in this chapter that is not covered or not payable by the applicant's own health insurance plan for some reason other than the deductible and coinsurance provisions in the health insurance plan are not eligible for coverage under this chapter.

The division may not pay for any portion of the costs of covered services listed in § 46:30:08:03 that are covered by a health insurance plan or otherwise covered under another plan of insurance. Payment pursuant to this chapter is secondary to any other insurance covering or providing reimbursement for the covered services listed in § 46:30:08:03.

History

  • Source: 32 SDR 32, effective August 29, 2005.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:11 Billing procedures

The division shall pay the provider after receiving the following pertinent billing information:

(1) A completed, standardized billing form;

(2) An itemized statement of preauthorized services rendered; and

(3) An insurance deduction or rejection shown on the billing form with an attached explanation of benefits from the insurance plan.

This information must be received by the division no later than six months from the service date.

History

  • Source: 32 SDR 32, effective August 29, 2005.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:12 Recovery of overpayments

Any payment made for services because of incorrect information or any other type of error by the applicant or provider shall be considered an overpayment and is subject to recovery by the division.

History

  • Source: 32 SDR 32, effective August 29, 2005.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:13 Appeal of ineligibility

An applicant may appeal the division's decision regarding ineligibility for the services provided pursuant to this chapter. An applicant dissatisfied with the division's determination regarding eligibility of services may request a fair hearing pursuant to SDCL chapter 1-26 by notifying the Department of Human Services in writing within 30 days of receipt of the division's decision.

Nothing in this section may be construed as indicating that the Department of Human Services will pay for legal fees for representing an applicant or provider at a fair hearing pursuant to this section.

Cross-Reference: Right to judicial review of contested cases -- Preliminary agency actions, SDCL 1-26-30.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.
ARSD 46:30:08:14 Time and place of hearing -- Time extension

A fair hearing, pursuant to SDCL chapter 1-26, by an impartial hearing officer, shall be held within 90 days after receipt for a request by the applicant. The impartial hearing officer shall set a time and place for the hearing to be held at the earliest reasonable time. The hearing examiner may continue the hearing at the request of any of the parties involved.

Cross-Reference: Right to judicial review of contested cases -- Preliminary agency actions, SDCL 1-26-30.

History

  • Source: 32 SDR 32, effective August 29, 2005; 34 SDR 179, effective December 24, 2007.
  • General Authority: SDCL 49-31-50.2.
  • Law Implemented: SDCL 49-31-50, 49-31-50.1, 49-31-51.

Chapter 46:30:09

ARSD 46:30:09:01 Purpose

The purpose of the TED program is to provide accessible telecommunication devices and services for individuals who are deaf, deaf/blind, hard of hearing, or have a speech impairment.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:09:02 Services

TED services include:

(1) Assessment;

(2) Telecommunication equipment; and

(3) Training.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:09:03 Eligibility criteria

To be eligible for services through the Telecommunications Equipment Distribution (TED) program, the applicant must:

(1) Be a resident of South Dakota;

(2) Be deaf, deaf-blind, hard of hearing, or have a speech impairment;

(3) Have a household income at or below 400% of the federal poverty level, if applicable;

(4) Have a demonstrated need for specialized telecommunications equipment;

(5) Have access to telecommunication services; and

(6) Have not received a telecommunication device or services from the TED program within three years prior to the date of application unless the applicant's independent living status has changed or the severity of the applicant's disability has made previous equipment or services inadequate to meet the applicant's telecommunication needs.

History

  • Source: 41 SDR 53, effective October 8, 2014; 49 SDR 48, effective November 22, 2022.
  • General Authority: SDCL 28-9-44(3), 49-31-56.1(1).
  • Law Implemented: SDCL 28-9-44(3), 49-31-47.
ARSD 46:30:09:04 Financial need

The department's financial contribution is based on the applicant's household income and is paid according to a fee schedule established by the department.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:09:05 Application

The applicant shall submit an application for the TED program directly to an authorized provider. The authorized provider will notify the applicant of the results of the eligibility determination within 30 calendar days of receipt of the completed application.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:09:06 Recipient training

The authorized provider shall provide training to each recipient on proper usage of the telecommunications equipment. The authorized provider may provide additional training to ensure the recipient has the ability to properly use the equipment.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:09:07 Recipient responsibility

Each recipient is responsible for proper care of telecommunications equipment provided by the program, and an authorized provider may determine a recipient ineligible for continued or future participation if:

(1) Equipment has been subjected to abuse, misuse, or unauthorized repair by the recipient;

(2) Each recipient failed to provide a police report of stolen equipment; or

(3) The recipient has lost previously issued equipment.

Each recipient must follow the manufacturer's recommended maintenance procedures for all equipment and must report any problems with the equipment to the provider.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:09:08 Appeals

An applicant may appeal the division's decision regarding eligibility for the services provided pursuant to this chapter. An applicant dissatisfied with the division's determination regarding eligibility may request a fair hearing pursuant to SDCL chapter 1-26 by notifying the department in writing within 30 calendar days of receipt of the division's decision.

Nothing in this section may be construed as indicating that the department will pay for legal fees for representing an applicant or provider at a fair hearing pursuant to this section.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.

Chapter 46:30:10

ARSD 46:30:10:01 Purpose

The purpose of the TAD program is to provide accessible telecommunication devices and services for individuals who have a disability other than deafness, deaf/blindness, hard of hearing, or speech impairment.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:10:02 Services

TAD services include:

(1) Assessment;

(2) Telecommunication equipment; and

(3) Training.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:10:03 Eligibility criteria

To be eligible for services through the Telecommunications Adaptive Devices (TAD) program, the applicant must:

(1) Be a resident of South Dakota;

(2) Have a disability other than deafness, deaf-blind, hard of hearing, or speech impairment;

(3) Have a household income at or below 400% of the federal poverty level, if applicable;

(4) Have a demonstrated need for specialized telecommunication equipment;

(5) Have access to telecommunication services; and

(6) Have not received a telecommunication device or services from the TAD program within three years prior to the date of application unless the applicant's independent living status has changed or the severity of the applicant's disability has made previous equipment or services inadequate to meet the applicant's telecommunication needs.

History

  • Source: 41 SDR 53, effective October 8, 2014; 49 SDR 48, effective November 22, 2022.
  • General Authority: SDCL 28-9-44(3), 49-31-56.1(1).
  • Law Implemented: SDCL 28-9-44(3), 49-31-47.
ARSD 46:30:10:04 Financial need

The department's financial contribution is based on the applicant's household income and is paid according to a fee schedule established by the department.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:10:05 Application

An applicant shall submit an application for the TAD program to an authorized provider. The authorized provider will notify the applicant of the results of the eligibility determination within 30 calendar days of receipt of the completed application.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:10:06 Recipient training

The authorized provider shall provide training to each recipient on proper usage of the telecommunications equipment. The authorized provider may provide additional training to ensure the recipient has the ability to properly use the equipment.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:10:07 Recipient responsibility

Each recipient is responsible for proper care of telecommunications equipment provided by the program, and an authorized provider may determine a recipient ineligible for continued or future participation if:

(1) Equipment has been subjected to abuse, misuse, or unauthorized repair by the recipient;

(2) The recipient failed to provide a police report of stolen equipment; or

(3) The recipient has lost previously issued equipment.

Recipients must follow the manufacturer's recommended maintenance procedures for all equipment and must report any problems with the equipment to the provider.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:10:08 Appeals

An applicant may appeal the division's decision regarding eligibility for the services provided pursuant to this chapter. An applicant dissatisfied with the division's determination regarding eligibility may request a fair hearing pursuant to SDCL chapter 1-26 by notifying the department in writing within 30 calendar days of receipt of the division's decision.

Nothing in this section may be construed as indicating that the department will pay for legal fees for representing an applicant or provider at a fair hearing pursuant to this section.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.

Chapter 46:30:11

ARSD 46:30:11:01 Purpose

The purpose of the hearing aid assistance program is to provide financial assistance to purchase hearing aids and associated ear molds for individuals who are deaf or hard of hearing.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:11:02 Eligibility criteria

To be eligible for devices through the hearing aid assistance program, an individual shall meet the following criteria:

(1) Be a resident of South Dakota;

(2) Be under 19 years of age;

(3) Have a progressive or permanent hearing loss which requires hearing aids;

(4) Have a household income at or below 400% of the federal poverty level; and

(5) Have not received a hearing aid from the program or through Medicaid within three years prior to the date of application.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:11:03 Application

An application for the hearing aid assistance program may be submitted by a family member, legal guardian, individual over the age of 18, or an audiologist on behalf of a child requiring hearing aids. In addition to the application, the following documentation must also be submitted:

(1) An audiologist's assessment and diagnosis of progressive or permanent hearing loss which requires the use of hearing aids;

(2) An audiologist's recommendation regarding the most appropriate type of hearing aids for the applicant;

(3) An audiologist's estimated costs for the recommended hearing aids;

(4) Verification of family income. Accepted forms of verification include the three most recent pay stubs or statements or the most recent federal income tax returns; and

(5) Any other documentation as may be required by the department.

The division will notify the applicant of the results of the eligibility determination within 30 calendar days of receipt of the completed application.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:11:04 Financial contribution

The department's financial contribution is based on an applicant's household income and is paid directly to the provider according to a fee schedule established by the department.

The hearing aid assistance program is the payer of last resort. An applicant must exhaust any private health insurance as well as all other third party resources prior to being eligible for the hearing aid program.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:11:05 Recipient responsibility

The recipient is responsible, financially and otherwise, for the maintenance, daily care, batteries, repairs, and ear mold replacements as necessary. The recipient must also accept the terms of payment pursuant to § 46:30:11:04 which may include making a copayment.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:11:06 Appeals

An applicant may appeal the decision regarding eligibility for the program pursuant to SDCL chapter 1-26 by notifying the department in writing within 30 calendar days of receipt of the written notification.

Nothing in this section may be construed as indicating that the department will pay for legal fees for representing an applicant or provider.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.

Chapter 46:30:12

ARSD 46:30:12:01 Purpose, Repealed
    46:30:12:01.  Purpose. Repealed.

History

  • Source: 41 SDR 53, effective October 8, 2014; 49 SDR 48, effective November 22, 2022.
ARSD 46:30:12:02 Services

Communication assistance services include:

(1) Information and referral;

(2) Peer support;

(3) Communication assistance;

(4) Community integration skills training;

(5) Deaf awareness training, and

(6) Technical assistance.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:12:03 Eligibility criteria

To be eligible for services through the communication assistance service program, the applicant must:

(1) Be a resident of South Dakota;

(2) Be deaf, hard of hearing, or speech impaired;

(3) Have barriers that inhibit community and employment inclusion; and

(4) Have a demonstrated need for communication assistance services.

History

  • Source: 41 SDR 53, effective October 8, 2014; 49 SDR 48, effective November 22, 2022.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:12:04 Application

An applicant shall submit an application for the communication assistance services program to an authorized provider. The authorized provider will notify the applicant of the results of the eligibility determination within 30 calendar days of receipt of the completed application.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.
ARSD 46:30:12:05 Appeals

An applicant may appeal the decision regarding eligibility for the program pursuant to SDCL chapter 1-26 by notifying the department in writing within 30 calendar days of receipt of the written notification.

Nothing in this section may be construed as indicating that the department will pay for legal fees for representing an applicant or provider.

History

  • Source: 41 SDR 53, effective October 8, 2014.
  • General Authority: SDCL 28-9-44, 49-31-56.1.
  • Law Implemented: SDCL 28-9-44, 49-31-47.

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.