S.D. Admin. R. 44:82:06:03

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:82:06:03 - Residential agreement

The owner or operator shall provide a written residential agreement to each resident. The department will develop and make available a template for the residential agreement which can be used at the owners or operators 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 such services. The home shall specify which items and services 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 such 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 residents property;

(5) A description of how the resident can contact their physician, physician 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 addresses and telephone numbers 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 residents legal representative and the home 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 residents legal representative as a signed and dated addendum to the original agreement.

S.D. Admin. R. 44:82:06:03

44 SDR 66, effective 10/17/2017

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

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