67:40:20:01.  Definitions. Terms used in this chapter mean:

          (1)  "Activities of daily living," activities as defined in § 67:40:19:01;

          (2)  "Assessment," an evaluation of the caregiver's need for services;

          (3)  "Caregiver support," assistance which may include respite care to enable caregivers to be temporarily relieved from their caregiving responsibilities, or supplemental services to complement the care provided by caregivers;

          (4)  "Frail," an individual who is unable to perform at least two activities of daily living without substantial assistance or an individual who requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or others due to cognitive or mental impairment;

          (5)  "Primary caregiver," a nonpaid family member or other individual at least 18 years of age who is a care provider;

          (6)  "Provider," an individual chosen by the primary caregiver to provide caregiver support. The provider may not live in the care recipient's home; and

          (7)  Respite care," temporary substitute supports or living arrangements for an individual that provide a period of relief to the primary caregiver on an intermittent, occasional, or emergency basis.

          Source: 40 SDR 122, effective January 7, 2014.

          General Authority: SDCL 28-1-45.

          Law Implemented: SDCL 28-1-44.

          67:40:20:02.  Eligibility. The following populations of caregivers are eligible to receive caregiver support:

          (1)  Primary caregivers providing care to an individual at least 60 years of age who is frail as defined in § 67:40:20:01;

          (2)  Primary caregivers providing care to an individual of any age who has Alzheimer's disease or a related disorder with neurological or organic brain dysfunction;

          (3)  Grandparent or nonparent relative caregiver 55 years of age and older providing care to a child under age 18;

          (4)  Grandparent or relative caregiver 55 years of age and older providing care to adults age 18-59 with a severe disability; or

          (5)  Primary caregivers providing care to an individual at least 18 years of age with a disability.

          The individual receiving care shall be assessed using the department's standard assessment. The primary caregiver shall be assessed to determine the level of support necessary to maintain the caregiver in the caregiving role. Assessments are conducted at least once every 12 months.

          The department shall consider the individual's ability to complete the tasks necessary to live safely at home, the ability to cooperate with the individual care plan, and whether other resources are available to provide the needed services.

          Source: 40 SDR 122, effective January 7, 2014.

          General Authority: SDCL 28-1-45.

          Law Implemented: SDCL 28-1-44.

          Cross-Reference: National Family Caregiver Support Act, 42 U.S.C. 3030s.

          67:40:20:03.  Caregiver care plan. The department and the primary caregiver shall develop a care plan based on the caregiver assessment to address the primary caregiver's needs. The plan must contain the approved services and budget, the allocation amount, and description of the approved tasks or duties of the selected provider.

          The plan must be reviewed at least every 12 months and must be signed by the primary caregiver.

          Source: 40 SDR 122, effective January 7, 2014.

          General Authority: SDCL 28-1-45.

          Law Implemented: SDCL 28-1-44.