67:63:01:01. Definitions. As used in this article:
(1) "Appropriate regional facility" means a facility as defined by SDCL subdivision 27A-1-1(2) and described in 27A-10-1.2;
(2) "Client" means an individual admitted to an appropriate regional facility pursuant to SDCL 27A-10-2 or 27A-10-3;
(3) "Department" means the Department of Social Services; and
(4) "Facility" means an entity capable of providing crisis stabilization, including overnight residential services 24 hours a day, 7 days a week to stabilize acute psychiatric or behavioral symptoms, evaluate treatment needs, and develop plans to meet the needs of the person served on a short-term basis.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
CHAPTER 67:63:02
DESIGNATION
Section
67:63:02:01 Application for designation as an appropriate regional facility.
67:63:02:02 Denial of designation.
67:63:02:03 Renewal of designation.
67:63:02:04 Delay in meeting requirements.
67:63:02:05 Reasons for placing a facility on probation.
67:63:02:06 Probation procedures.
67:63:02:07 Acceptance of new clients prohibited.
67:63:02:08 Revocation procedures.
67:63:02:09 Appeal procedure.
67:63:02:10 Time and place of hearing.
67:63:02:01. Application for designation as an appropriate regional facility. A facility seeking to operate as an appropriate regional facility shall submit an application requesting designation to the department. The application must include a description of how the facility meets the requirements of SDCL 27A-10-1.2.
Any facility designated as an appropriate regional facility shall allow the department unrestricted access to the facility, including access to clients, personnel, and client and facility records, to monitor compliance with this article and SDCL 27A-10-1.2.
The department shall make application forms available upon request.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:02:02. Denial of designation. The department shall provide to each applicant written notice approving or denying the designation. If the application is denied, the notice must include the reasons for the denial. An applicant may reapply after addressing the reasons for the denial of the designation.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:02:03. Renewal of designation. Any facility currently designated as an appropriate regional facility shall annually attest that the facility meets the requirements of SDCL 27A-10-1.2 and this chapter.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:02:04. Delay in meeting requirements. The department may grant the facility a delay in meeting the requirements of this article to avoid undue hardship on the facility, if the department determines that allowing a delay would be in the best interests of the clients.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-3-1.
67:63:02:05. Reasons for placing a facility on probation. The department may place the facility on probation if:
(1) The facility violates the provisions of this article or SDCL 27A-10-1.2;
(2) The facility falsifies information provided to the department for designation status or funding purposes;
(3) The facility participates in, condones, or permits an illegal act;
(4) The facility is associated with fraud, deceit, or coercion;
(5) The facility fails to comply with state and federal licensing requirements or other standards applicable to the facility;
(6) The facility refuses to allow the department access for a compliance review or other necessary follow-up review related to designation.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-3-1.
67:63:02:06. Probation procedures. If the department determines that there is cause to place a facility on probation, the department shall send the facility written notice of probationary status and areas of noncompliance. The facility shall, within 30 days of receiving the notice, develop and submit a plan of correction.
Within five business days of receiving the plan of correction, the department shall notify the facility of the department's decision to approve the plan of correction.
The department may conduct a site visit at least once during the probationary period to monitor progress on plan of correction items. At the end of the probationary period, the department shall conduct a review of the facility and may remove the probationary status of the facility or revoke the facility's designation.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-3-1.
67:63:02:07. Acceptance of new clients prohibited. A facility that has been placed on probation may not accept new clients until the department approves the plan of correction.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-3-1.
67:63:02:08. Revocation procedures. The department shall provide a facility with a 15 calendar day written notice of the department's intent to revoke the facility's designation. The 15 calendar day written notice is not required if the revocation is necessary to prevent danger to the life, health, or safety of a client. The notice shall contain the reasons for the revocation and a process by which a facility may request a fair hearing.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-3-1.
67:63:02:09. Appeal procedure. A facility may appeal a denial or revocation of designation by requesting a fair hearing in writing. The request must be sent by certified mail within 15 calendar days of receipt of the notification of the department's action. A fair hearing is conducted under the provisions of chapter 67:17:02 and SDCL chapter 1-26.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-3-1.
67:63:02:10. Time and place of hearing. A fair hearing by an impartial hearing officer must be held within 45 days after the department receives a facility's request for a fair hearing. The hearing officer shall set a time and place for the hearing at the earliest reasonable time. The hearing officer may continue the hearing at the request of any party involved and upon agreement by the parties to a specific extension of time.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-3-1.
CHAPTER 67:63:03
GENERAL MANAGEMENT REQUIREMENTS
Section
67:63:03:01 Policies and procedures manual.
67:63:03:02 Dietary services.
67:63:03:03 Medication control.
67:63:03:04 Changes requiring notification.
67:63:03:05 Sentinel event notification.
67:63:03:01. Policies and procedures manual. Each appropriate regional facility shall develop policies and procedures in the following areas related to clients:
(1) Intake;
(2) Orientation;
(3) Reporting suspected abuse, neglect, or exploitation within the facility;
(4) Confidentiality;
(5) Responding to grievances;
(6) Discharge;
(7) Dietary services; and
(8) Medication control.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:03:02. Dietary services. Each appropriate regional facility must comply with chapter 67:61:09.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:03:03. Medication control. Each appropriate regional facility must comply with chapter 67:61:08.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:03:04. Changes requiring notification. An appropriate regional facility shall notify the department and request a determination on continued designation if:
(1) There is a change in the facility director;
(2) There is a reduction in services provided by the facility; or
(3) There is an impending closure of the facility.
An appropriate regional facility shall provide the department with 30 calendar days written notice of closure.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:03:05. Sentinel event notification. Each appropriate regional facility shall, within 24 hours, report to the department any sentinel event, including the death of a client, if that death is not primarily related to the natural course of the client's illness or an underlying condition, permanent harm to a client, severe temporary harm to a client, and any intervention required to sustain a client's life.
The facility shall submit a follow-up report to the department within 72 hours of any sentinel event. The report must include:
(1) A written description of the event;
(2) The client's name and date of birth; and
(3) A description of the immediate actions taken by the facility.
Each facility shall develop root cause analysis policies and procedures to utilize in response to significant events.
Each facility shall, as soon as possible, report to the department any fire that results in structural damage or that results in injury or death; any partial or complete evacuation of the facility that results from a natural disaster; any loss of services for more than 24 hours, such as electricity, natural gas, and telephone; and any nonfunctioning equipment for more than 24 hours such as an emergency generator, fire alarm system, sprinklers, or other critical equipment necessary for the operation of the facility.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
CHAPTER 67:63:04
ENVIRONMENTAL SAFETY REQUIREMENTS
Section
67:63:04:01 Safety and sanitation plan.
67:63:04:02 Life safety codes.
67:63:04:01. Safety and sanitation plan. For each setting in which the appropriate regional facility provides services, there must be a health, safety, sanitation, and disaster plan to ensure the health and safety of the clients being served. The plan must:
(1) Include procedures for responding to a medical emergency;
(2) Include procedures for responding to fire and natural disasters, including evacuation plans;
(3) Provide for training;
(4) Provide for regularly scheduled fire drills;
(5) Include procedures for responding to communicable diseases; and
(6) Include procedures to ensure sanitation in all settings where services are provided.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
67:63:04:02. Life safety codes. For each setting in which an appropriate regional facility provides services, the facility shall comply with the applicable life safety codes described in § 67:62:09:02.
An automatic sprinkler system is not required in an existing facility unless significant renovations occur or remodeling occurs. An existing automatic sprinkler system must remain in service.
New construction, renovations, additions, and changes of space must comply with the applicable life safety codes described in § 67:62:09:02. Each facility shall also comply with the building construction standards described in § 67:62:09:02.
Source: 47 SDR 58, effective December 2, 2020.
General Authority: SDCL 27A-10-1.2.
Law Implemented: SDCL 27A-10-1.2.
Cross Reference: Life safety codes, § 67:62:09:02.
