S.D. Admin. R. 46:11:09:01

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

Section 46:11:09:01 - Definitions

Terms used in this chapter mean:

(1) "Agency with choice," a co-employment option between a provider and a participant for participant-directed services in which the provider is the employer of record and the participant is the managing employer.

(2) "Common-law employer model," an option for participant-directed services in which the participant, or their designated representative serves as the employer of record, and a financial management services provider assists with enrollment, accounting, reporting, payroll, and taxes;

(3) "Companion care services," non-medical services for developing a participant's independent living skills;

(4) "Consent," voluntary approval given in writing, orally, or impliedly by the action of a person with adequate information and sufficient understanding to comprehend the consequences of the decision;

(5) "Coordinator," an individual employed by a provider meeting the requirements of this chapter, to assist participants in gaining access to family support as well as necessary medical, social, educational, and other services, regardless of the funding source;

(6) "Employer of record," any provider providing family support services pursuant to this chapter and who hires the employee, processes employment forms, provides training to program participants and employees if requested, and manages the payroll function;

(7) "Family," a person or a group of people who are related to the participant by blood, marriage, or adoption, or define themselves as a family based upon bonds of affection, and who currently share a household with the participant or have, in the past, shared a household with the participant. For the purposes of this subdivision, the phrase, bonds of affection, means enduring ties that do not depend on the existence of an economic relationship and the relationship is expected to endure over time;

(8) "Financial management services," tracking expenditures against the individual's budget for participant-directed services. When used in conjunction with employer authority, financial management services include, operating a payroll service participant-employed staff and making required payroll withholdings. Financial management services may also include paying invoices for waiver goods and services;

(9) "Financial management services provider," an entity providing financial management services to a participant;

(10) "Goals," outcomes expected to be achieved by a participant for each service received, stated in measurable terms so that their attainment can be determined, and should be attained within five years;

(11) "Home and community based services" (HCBS), the services contained in this chapter that are provided by a community support provider, support provider, or qualified provider meeting the requirements of this chapter, to a participant who, without these services, would require placement in an intermediate care facility for individuals with intellectual disabilities, as defined in the Code of Federal Regulations 42 CFR 435.1009, in effect on January 1, 2007;

(12) "Managing employer," any participant receiving services pursuant to this chapter or the participant's guardian or family who is responsible for recruitment, hiring recommendations, dismissal determinations, training of employees, determining what tasks are to be performed, and submitting and approving employees' timecards;

(13) "Participant-directed services," a service arrangement whereby the participant may choose any individual the participant desires to assist with the design of services, the selection of service providers, and decisions of how the authorized funding is to be spent based on the participant's ISP;

(14) "Personal care services," services that enable the participant to accomplish tasks that the participant would normally do if the participant did not have a disability;

(15) "Qualified provider," one that enters into an agreement with the division to provide personal care 1, personal care 2, respite care, companion care, or supported employment services to a participant;

(16) "Services," a system of formalized supports, generic or specialized;

(17) "Subcontractor," an individual or organization that enters into an agreement with a participant and an organized health care delivery system to provide services to the participant;

(18) "Supported employment," services directed towards assisting participants to obtain and retain paid employment in community settings.

(19) "Waiver," a program of services for which the state requests to waive federal comparability requirements, in order to offer HCBS to specific groups of individuals as an alternative to institutional care.

S.D. Admin. R. 46:11:09:01

40 SDR 102, effective 12/3/2013; 44 SDR 65, effective 10/16/2017; 50 SDR 063, effective 11/28/2023

General Authority: SDCL 27B-1-15(2), 27B-2-26.

Law Implemented: SDCL 27B-2-26(7).