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.
