CHAPTER 46:04:01
SHARED LIVING HOMES
Section
46:04:01:01 Definitions.
46:04:01:02 Certificate of compliance required.
46:04:01:03 Shared living home capacity.
46:04:01:03.01 Age of shared living participants.
46:04:01:04 Exceptions.
46:04:01:05 Responsibility for compliance.
46:04:01:06 Critical incident reports.
46:04:01:07 Screening.
46:04:01:08 Shared living provider responsibilities.
46:04:01:09 Shared living provider services.
46:04:01:10 Day services, Repealed.
46:04:01:11 Recreational and social activities.
46:04:01:12 Use of personal funds and property.
46:04:01:13 Emergency information.
46:04:01:14 Supervision.
46:04:01:15 Training required for shared living providers.
46:04:01:16 Training required for relief care providers and anyone over the age of 18 living in the home.
46:04:01:17 Record of training.
46:04:01:18 Safety and sanitation.
46:04:01:19 Heat sources.
46:04:01:20 Smoke and carbon monoxide detectors.
46:04:01:21 Participant training for emergencies.
46:04:01:22 Firearms.
46:04:01:23 Medication, labeling, storage, and disposal.
46:04:01:24 Medication training.
46:04:01:25 Refusal of treatment.
46:04:01:26 Emergency placement.
46:04:01:27 Representative payee.
46:04:01:01. Definitions. Terms in this chapter mean:
(1) "Division," the Division of Developmental Disabilities;
(2) "Emergency placement," placement that occurs before a two-week notice has been given to the shared living provider and provider;
(3) "Individualized service plan" or "(ISP)," a single plan for the provision of services and supports to the participant that is person centered, directed by the participant, oriented around personal outcomes measures, and is intended to specify all needed assessments, supports, and training;
(4) "Participant," a person receiving services or supports under the provisions of this article;
(5) "Provider," a community support provider or a community services provider, as defined in SDCL 27B-1-17;
(6) "Shared living home," or "home", the location where shared living services are provided in the private home of a participant, or a family, in which care is provided to a participant;
(7) "Shared living provider," a person who provides shared living service to a participant who may or may not be a family member;
(8) "Relief care," shared living services provided by a person other than the assigned shared living provider, for an intermittent period of time, because of the absence of, or need for relief of, the shared living provider.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:02. Letter of compliance required. Prior to providing shared living or relief care to a participant, a shared living provider shall meet the requirements of this chapter for the issuance of a letter of compliance.
A letter of compliance, issued to a shared living provider by the provider, must specify the location, maximum capacity of the shared living home, and that the home is not owned or leased by the provider.
Any letter issued must denote the name and address of the shared living provider on the face of the letter.
Each provider administering one or more shared living homes shall have a sample of the homes inspected by the division as part of the biennial certification.
Each provider issuing a letter of compliance must be certified under article 46:11. Each provider must annually report to the division the number and names of people in the home, including shared living participants.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(2)(9)(10).
Law Implemented: SDCL 27B-2-26(2)(9)(10).
Cross Reference: Biennial review for compliance with rules, § 46:11:02:09.
46:04:01:03. Shared living home capacity. A shared living home may not serve more than two participants. The shared living home capacity shall be established at the time of issuance of the letter of compliance. The division shall be notified of any capacity adjustments.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(9)(10).
Law Implemented: SDCL 27B-2-26(2)(9)(10).
46:04:01:03.01. Age of shared living participants. Participants in a shared living home shall be over the age of 21.
Source: 46 SDR 66, effective November 27, 2019.
General Authority: SDCL 27B-2-26(2)(9)(10).
Law Implemented: SDCL 27B-2-26(2)(9)(10).
46:04:01:04. Exceptions. A provider may request an exception for a specific section, subsection, or paragraph of this chapter by writing to the division at least 30 days before the implementation of the exception. The division will grant an exception if the following criteria are met:
(1) The exception does not jeopardize the health, safety, or well-being of any participants in the home;
(2) The exception is based on the best interests and needs of the participant;
(3) Noncompliance with the rule is of greater benefit to the participant than compliance with the rule;
(4) There is an alternative method for meeting the intent of the rule;
(5) There are special circumstances that make the home different from other homes complying with the rule; and
(6) The exception does not violate any other state rule or statute.
The division will not grant an exception for any requirements in §§ 46:04:01:02 and 46:04:01:03.
If a participant requires relief care or emergency placement, the shared living provider may implement an exception immediately. The shared living provider shall notify the provider in writing of the exception within 24 hours of implementing the exception. The provider must provide written notice of the exception to the division within one business day.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(2)(3)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:05. Responsibility for compliance. The provider certifying the shared living home is responsible for meeting the requirements within this chapter.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:06. Critical incident reports. The shared living provider and the provider are required to report critical incidents pursuant to § 46:11:03:02.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(2)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:07. Screening. Each provider must have a policy that addresses criminal background checks, felony convictions, sex offender registry check, and drug screenings for any independent contractors that provide shared living to participants. The policy must include the following:
(1) A description of the system used for background checks, and sex offender registry checks;
(2) A description of felony conviction checks for independent contractors utilizing the Office of Inspector General; and
(3) A description of any drug screening utilized.
Before a participant is living or receiving respite care in the home, a criminal history background check and a sex offender registry check shall be completed for individuals 14 years of age or older who reside in the home. All screening results shall be maintained by the provider.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(4)(9).
Law Implemented: SDCL 27B-2-26(4)(9)(10).
46:04:01:08. Provider responsibilities. Each provider shall:
(1) Ensure that each shared living provider has appropriate training relevant to each participant; and
(2) Provide oversight of the shared living home and ensure that health and safety requirements are being met.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(2)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(4)(9)(10).
46:04:01:09. Shared living provider services. The shared living provider shall provide services, including assistance, support, and guidance, in life domain areas including daily living, safety and security, community living, healthy lifestyle, social and spirituality, and citizenship and advocacy. The shared living provider shall provide age appropriate services to each participant as specified in the participant's ISP.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(3)(9)(10).
Law Implemented: SDCL 27B-2-26(3)(9)(10).
46:04:01:10. Day services. Repealed.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
46:04:01:11. Recreational and social activities. The shared living provider shall provide recreational and social activities outside of the home.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(3)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:12. Use of personal funds and property. A participant's personal funds or property may not be used as a reward or punishment. A participant's personal funds or property may not be used as payment for damages unless the participant consents to make restitution for the damages. Any payment for fixtures added to the shared living provider's shared living home, by the participant, must be agreed upon and approved in writing by the provider, case manager, and the participant or the participant's guardian, if any.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
Cross Reference: Case manager, § 46:11:05:05.
46:04:01:13. Emergency information. Emergency information for a participant shall be easily accessible at the home. Emergency information for a participant shall include the following:
(1) The name, address, telephone number, and relationship of a designated person to be contacted in case of emergency;
(2) The name, address, and telephone number of the participant's physician or source of health care;
(3) The name, address, and telephone number of the person able to give consent for emergency medical treatment, if applicable;
(4) A copy of the participant's most recent annual physical examination and a list of most current medications; and
(5) A copy of the participant's current insurance information.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:14. Supervision. A participant may be left unsupervised for specified periods of time if the absence of direct supervision is consistent with the participant's assessment, is part of the participant's ISP, and as an outcome which requires the achievement of a higher level of independence. A participant requiring direct supervision may not be left under the supervision of a person under the age of 18. A participant may not be left unsupervised solely for the convenience of the contractor.
A participant shall receive an assessment and training in accessing the contractor, provider, or emergency services as determined by the participant's team and shall be documented.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:15. Training required for shared living providers. Shared living providers shall meet the following training requirements:
(1) Before a participant resides in a shared living home, the shared living provider is required to complete an initial orientation that includes the following:
(a) Emergency procedures concerning fire prevention, accident prevention, and response to emergencies; and
(b) Techniques of identifying and reporting abuse, neglect, and exploitation;
(2) Within 30 days of a participant's residence in a shared living home, the shared living provider shall be trained in the following:
(a) The shared living provider's role in promoting positive outcomes for participants; and
(b) Participants' rights in accordance with chapter 46:11:03;
(3) Within six months of the participant's residence in a shared living home, the shared living provider shall be trained in the following:
(a) Implementation of a positive behavior support plan specified in the individualized service plan;
(b) First aid;
(c) Cardiopulmonary resuscitation;
(d) Disability awareness; and
(e) Use of adaptive and augmentative devices used to support participants, as necessary.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:16. Training required for relief care providers and anyone over the age of 18 living in the home. Prior to delivering shared living services, a relief care provider shall receive training in disability awareness, the participant's ISP, and identifying and reporting abuse, neglect, and exploitation. Anyone over the age of 18 living in the home shall receive training in disability awareness, the participant's ISP, and identifying and reporting abuse, neglect, and exploitation, within 30 days of the participant moving into the home. Anyone living in the home who turns 18 and anyone over the age of 18 who moves into the home after the participant moves into the home shall receive the same training within 30 days.
Source: 44 SDR 93, effective December 4, 2017; 46 SDR 66, effective November 27, 2019; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(3)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:17. Record of training. Records of training, including the training source, content, dates, length of training, copies of certificates received, if applicable, and persons attending, shall be kept by the provider.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:18. Safety and sanitation. The shared living home must meet the following requirements:
(1) The shared living home and premises must be free of rodents and insects;
(2) Bedrooms located in the basement must have at least one egress window, which meets the requirements of NFPA - 101 Life Safety Code, 2012 edition;
(3) Floors, walls, ceilings, and other surfaces must be free of hazards;
(4) A telephone must be present in the home for participants to access emergency services;
(5) Participant bed linens, towels, washcloths, and clothing must be kept clean;
(6) Stairways, halls, doorways, and exits from rooms and from the home must be unobstructed;
(7) Food must be protected from contamination while being stored and prepared;
(8) Hazardous cleaning solutions, chemicals, and poisons must be labeled and secured in an enclosed cabinet; and
(9) Any condition that may have the potential to cause injury or illness must be remedied or removed.
Source: 44 SDR 93, effective December 4, 2017; 46 SDR 66, effective November 27, 2019.
General Authority: SDCL 27B-2-26(4)(5)(9)(10).
Law Implemented: SDCL 27B-2-26(5)(9)(10).
Reference: NFPA 101 Life Safety Code, 2012 edition, National Fire Protection Association. Copies may be obtained from the National Fire Protection Association, P.O. Box 9101, Quincy, Massachusetts 02269-9101. Phone: 1-800-344-3555. Cost: $101.00.
46:04:01:19. Heat sources. If there are heat sources, such as hot water pipes, fixed space heaters, hot water heaters, radiators, or wood and coal burning stoves and fireplaces, exceeding 120 degrees Fahrenheit, that are accessible to participants, the provider and contractor shall have documentation of the participant's understanding of the hazard.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(4)(5)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:20. Smoke and carbon monoxide detectors. A home shall have a minimum of one operable automatic smoke detector and carbon monoxide detector provided on each floor, including the basement and attic. Smoke detectors and carbon monoxide detectors shall be located in common areas or hallways.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(4)(5)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:21. Participant training for emergencies. A shared living provider shall have a written fire and safety plan and shall inform participants of the plan. Fire, tornado, and severe weather drills must be conducted on an annual basis. The shared living provider must keep documentation of each drill completed.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(2)(4)(5)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:22. Firearms. Firearms shall be kept unloaded in a locked cabinet. Ammunition shall be kept in a locked cabinet that is separate from firearms.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(4)(5)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:23. Medication, labeling, storage, and disposal. The requirements for medications in shared living homes include the following:
(1) Medications and biologicals, kept on the premises, shall be labeled with the drug name, strength, and expiration date;
(2) Medications shall be kept in a secure location, or in the participant's room, to prevent unauthorized access;
(3) Medications requiring refrigeration may be stored in a refrigerator used for food storage if the drugs are stored in a sealed container and placed on the top rack or tray; and
(4) Outdated or discontinued medication shall be properly destroyed or disposed.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:24. Medication training. A shared living provider, and anyone over the age of 18 living in the shared living home, who administers medications to a participant, or who assists a participant in the self-administration of medications, must meet the same requirements as employees of providers who perform similar tasks as provided in chapter 46:11:07. The provider shall keep documentation of the training.
Source: 44 SDR 93, effective December 4, 2017; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(1)(2)(4)(5)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:25. Refusal of treatment. If a participant refuses routine medical or dental examination or treatment, the refusal and continued attempts to train the participant about the need for health care, shall be documented in the participant's record. If a participant has a serious medical or dental condition which requires immediate treatment, reasonable efforts shall be made to obtain consent from the participant or substitute consent in accordance with applicable law.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
46:04:01:26. Emergency placement. The case manager shall coordinate a team meeting before the end of the first 30 day period of the participant residing at the emergency placement home. The minutes of the team meeting shall document that a review of the ISP and medication requirements of the participant were discussed.
Source: 44 SDR 93, effective December 4, 2017.
General Authority: SDCL 27B-2-26(2)(3)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(9)(10).
Cross Reference: Case manager, § 46:11:05:05.
46:04:01:27. Representative payee. A shared living provider may not be the representative payee for the participant.
Source: 46 SDR 66, effective November 27, 2019; 49 SDR 48, effective November 22, 2022.
General Authority: SDCL 27B-2-26(2)(4)(9)(10).
Law Implemented: SDCL 27B-2-26(2)(4).
