ARTICLE 44:59

HEALTH LABORATORY

Chapter

44:59:01             Health laboratory fees.

CHAPTER 44:59:01

HEALTH LABORATORY FEES

Section

44:59:01:01        Repealed.

44:59:01:02        Repealed.

44:59:01:03        Repealed.

44:59:01:04        Method for determining test fees.

44:59:01:05        Expert witness fee.

44:59:01:06        On-site laboratory certification fee.

44:59:01:07        Off-site laboratory certification fee.

44:59:01:08        Training fee.

          44:59:01:02.  Fee review by secretary of health required.Repealed.

          Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; repealed, 18 SDR 90, effective November 24, 1991.

          44:59:01:03.  Notice of fee changes.Repealed.

          Source: 4 SDR 14, effective September 14, 1977; 6 SDR 93, effective July 1, 1980; repealed, 18 SDR 90, effective November 24, 1991.

          44:59:01:04.  Method for determining test fees. The department shall calculate the fees for tests conducted in the state health laboratory based on the cost of performing the tests. Cost is determined by applying the formula

                                  ^{(Oe + Ce + D + Ad) + G}     = Z; then Z x Y = F

                                                   ^X

Terms used in the formula mean:

          (1)  Oe = operating expenditures: includes personal services (salaries); employee benefits; travel (lodging, meals, and mileage according to rates found in article 5:01); contractual services (e.g., maintenance of equipment, phone services, and equipment rental); supplies and materials (office, medical, forensic, and environmental laboratory supplies, e.g., pencils, pens, paper, HIV test kits, chlamydia test kits, and drinking water test); and grants and subsidies (Xrays done outside the laboratory);

          (2)  Ce = capital outlay to be expensed: includes all capital outlay purchases less than the amount for any tangible item as stated in § 10:02:01:01;

          (3)  D = depreciation: includes all capital outlay purchases over the amount for any tangible item as found in § 10:02:01:01;

          (4)  Ad = administrative costs: costs allocated based on the ratio of operating expenditures for the section to total operating expenditures;

          (5)  X = net available work time units; computed using available minutes per nonadministrative full-time equivalent employee;

          (6)  G = overrecovery or underrecovery for the preceding year. If there is an overrecovery, it is subtracted from (Oe + Ce + D + Ad). If there is an underrecovery, it is added to (Oe + Ce + D + Ad). Overrecovery occurs if fee revenue exceeds expenditures. Underrecovery occurs when expenditures exceed fee revenue. Overrecovery or underrecovery is allocated annually;

          (7)  Y = established work time units for any given test. For purposes of this section, an established work time unit (WTU) is a measurement of time reduced to one-minute increments needed to perform a specific laboratory task;

          (8)  Z = cost per WTU; and

          (9)  F = the fee for the test.

          Source: 21 SDR 219, effective June 27, 1995; 22 SDR 184, effective July 4, 1996.

          General Authority: SDCL 1-49-3.

          Law Implemented: SDCL 1-49-3.

          Cross-Reference: State of South Dakota Chart of Accounts.

          44:59:01:05.  Expert witness fee. The Department of Health shall assess a uniform expert witness fee of $350 for each court appearance by laboratory personnel or for failing to give 24 hours prior notice of any court cancellation.

          Source: 21 SDR 219, effective June 27, 1995.

          General Authority:SDCL 1-49-3.

          Law Implemented:SDCL 1-49-3.

          44:59:01:06.  On-site laboratory certification fee. For laboratory certifications that require on-site inspection, the department shall assess the laboratory inspected a fee based on the actual cost of travel time, per diem expenses, document review, and time spent in the laboratory. The formula to calculate this cost is expressed as (T + E) + {(Dr + WTU) x Z} = F. Terms used in the formula mean:

          (1)  T = travel time in hours multiplied by the certifier's hourly wage, including fringe benefits, spent traveling to and from the laboratory. Fractions of an hour are rounded up to the next hour;

          (2)  E = per diem expenses, including lodging, meals, and gas;

          (3)  Dr = document review: time in hours spent reviewing documents and applications for lab certification. Fractions of an hour are rounded up to the next hour;

          (4)  WTU = work time units: the actual physical inspection time spent in the laboratory;

          (5)  Z = cost per work time unit; and

          (6)  F = the fee.

          Source: 21 SDR 219, effective June 27, 1995.

          General Authority:SDCL 1-49-3.

          Law Implemented:SDCL 1-49-3.

          44:59:01:07.  Off-site laboratory certification fee. The Department of Health shall charge a fee for laboratory certifications that do not require on-site inspection based on the time spent reviewing pertinent documents and applications. A fraction of an hour spent reviewing documents and applications is rounded up to the next hour. The formula to calculate an off-site laboratory certification fee is WTU x Z = F. Terms used in the formula mean:

          (1)  WTU = work time units: time expressed in hours multiplied by the hourly wage;

          (2)  Z = cost per WTU; and

          (3)  F = the fee.

          Source: 21 SDR 219, effective June 27, 1995.

          General Authority:SDCL 1-49-3.

          Law Implemented:SDCL 1-49-3.

          44:59:01:08.  Training fee. The Department of Health shall charge a fee for training conducted by health laboratory personnel. Training fees are based on the cost of time spent by laboratory personnel to conduct the training, the cost of supplies, and the cost of preventive maintenance. The formula to calculate the fee for training is expressed as P + S + PM = F. Terms used in this formula mean:

          (1)  P = personnel costs: the hourly wages, including benefits, of the laboratory personnel for class preparation and actual teaching of the training sessions;

          (2)  S = supplies: the actual cost of supplies used in the training;

          (3)  PM = preventive maintenance: the health laboratory's hourly cost for overhead, such as heating, cooling, electricity, and janitorial services. The cost is expressed as an amount based on the square footage of the training room being utilized; and

          (4)  F = the fee.

          Source: 21 SDR 219, effective June 27, 1995.

          General Authority:SDCL 1-49-3.

          Law Implemented:SDCL 1-49-3.