ARSD Article 44:23 — RESIDENTIAL LIVING CENTERS

HEALTH HEALTH

Chapter 44:23:01 Registration of residential living centers

ARSD 44:23:01:01 Definitions

Terms defined in SDCL 34-12-32 have the same meaning in this chapter. In addition, terms used in this chapter mean:

(1) "Daily living services," noninstitutional support services which allow persons to live and otherwise function as independently as practicable;

(2) "Department," the state department of health;

(3) "Disabled person," a person who is developmentally disabled or who is physically or mentally handicapped and who requires care or support to perform daily activities, such as bathing, dressing, cooking, eating, and house cleaning, or other support to compensate for the effects of his disability;

(4) "Elderly person," a person who is 65 years of age or older;

(5) "Habilitative care," services to assist persons in acquiring and maintaining life skills and to raise, maintain, or support their levels of physical, mental, social, and vocational functioning;

(6) "Health care," medical services pertaining to diagnosis and treatment and to preventive, rehabilitative, restorative, and nursing care that are performed at the direction of a physician in behalf of injured, disabled, or sick persons by physicians, nurses, dentists, and other professional and technical health personnel;

(7) "Health care facility," as defined in SDCL 34-12-1.1; and

(8) "Residential living center," the home, facility, or place of business required to be registered pursuant to SDCL 34-12-32 and this chapter.

Cross-Reference: Definitions of developmental disability, SDCL 27B-1-3.

History

• Source: 18 SDR 162, effective April 6, 1992.
• General Authority: SDCL 34-12-32.
• Law Implemented: SDCL 34-12-32.

ARSD 44:23:01:02 Applicability

44: 23:01 :02. Applicability. This chapter does not apply to health care facilities, health-related institutions operated by the state of South Dakota, or facilities for the elderly or disabled certified under Title XVIII or XIX of the federal Social Security Act. This chapter does not apply to lodging establishments licensed by the department pursuant to chapter 34-18 or apartments in which only room or board, or both, are furnished.

History

• Source: 18 SDR 162, effective April 6, 1992.
• General Authority: SDCL 34-12-32.
• Law Implemented: SDCL 34-12-32.

ARSD 44:23:01:03 Registration procedure and form

An owner or operator of a residential living center must register with the department by January 1 each year using the form located in Appendix A at the end of this chapter. An owner or operator of a new residential living center must register before operating the center.

History

• Source: 18 SDR 162, effective April 6, 1992; 18 SDR 162, adopted April 6, 1992, effective July 1, 1993.
• General Authority: SDCL 34-12-32.
• Law Implemented: SDCL 34-12-32.

ARSD 44:23:01:04 Separate registration for each address

A registration applies only to the home or facility at the address listed in the registration. A separate registration is required for each home or facility providing residential services under this article, and a new registration is required if there is a change of address of a registered residential living center.

A home or facility registered under SDCL 34-12-32 may not be approved as an assisted living center or for any classification listed in § 44:04:01:02.

History

• Source: 18 SDR 162, effective April 6, 1992.
• General Authority: SDCL 34-12-32.
• Law Implemented: SDCL 34-12-32.

ARSD 44:23:01:05 Allowable services

A residential living center may offer room, meals, and daily living services to elderly or disabled persons. A residential living center may not furnish or offer health care or habilitative care to persons of any age. Daily living services include the following:

(1) Assistance with eating, bathing, and dressing;

(2) Assistance with personal and household chores;

(3) Organized social and recreational activities;

(4) Transportation services;

(5) Assistance with the self-administration of medications;

(6) Monitoring of nutrition or health; and

(7) Protective supervision necessary to prevent posing a health or safety hazard to self or others.

History

• Source: 18 SDR 162, effective April 6, 1992.
• General Authority: SDCL 34-12-32.
• Law Implemented: SDCL 34-12-32.