44:82:06:03.  Residential agreement. The owner or operator shall provide a written residential agreement to each resident. The department shall develop and make available a template for the residential agreement which can be used at the owner's or operator's discretion. If the model template is not used, at a minimum, the residential agreement shall include:

          (1)  A list of services available in the home and the charges for those services. The owner or operator shall specify items and services that are included in the services for which the resident may not be charged, those other items and services that the home offers and for which the resident may be charged, and the amount of any charges;

          (2)  A description of how a resident may protect personal funds;

          (3)  A list of names, addresses, and telephone numbers of resident advocates;

          (4)  A description of how to file a complaint with the department concerning abuse, neglect, and misappropriation of resident's property;

          (5)  A description of how the resident can contact the resident's physician, physician's assistant, or nurse practitioner, including the name and specialty of the physician;

          (6)  A description of how to apply for and use Medicare and Medicaid benefits, and the right to establish eligibility for Medicaid, including the address and telephone number of the nearest office of the South Dakota Department of Social Services and of the United State Social Security Administration;

          (7)  A description of the bed-hold policy that indicates the length of time the bed will be held for the resident, any policies regarding the held bed, and readmission rights of the resident; and

          (8)  A description explaining the responsibilities of the resident regarding self-administered medication.

A signed and dated residential agreement between the resident or the resident's legal representative and the owner or operator shall include subdivisions (1) to (8), inclusive, of this section. The residential agreement shall be completed either before or at the time of admission, and before the resident has made a commitment for payment for proposed or actual care. The agreement may not include ambiguous or misleading information and may not be in conflict with this chapter. Any change in the information shall be given to the resident or the resident's legal representative as a signed and dated addendum to the original agreement.

          Source: 44 SDR 66, effective October 17, 2017.

          General Authority: SDCL 34-12-13(15).

          Law Implemented: SDCL 34-12-13(15).