S.D. Admin. R. 46:11:09:02

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

Section 46:11:09:02 - Responsibilities of a provider

A provider providing services under this chapter has the following responsibilities:

(1) Ensure any employee providing coordination meet the following qualifications:

(a) Be at least 21 years of age;

(b) Pass a criminal background check;

(c) Be able to communicate effectively verbally and in writing;

(d) Be able to follow written or verbal instructions provided by the participant, guardian, advocate, or family member of the participant;

(e) Have the abilities or skills necessary to meet the participant's needs as outlined in the ISP;

(f) Have a degree in the field of human services, social work, sociology, psychology, or related field experience or be a parent of a child with a developmental disability;

(g) Be able to effectively utilize database and word processing computer software and the Internet;

(h) Successfully complete training provided by the division in the following areas:

(i) Administration of the HCBS family support waiver;

(ii) Individual service plan development;

(iii) Available services;

(iv) Defining, identifying, and reporting abuse, neglect, and exploitation;

(v) Individual education program pursuant to chapter 24:05:27;

(vi) Developmental disability eligibility criteria;

(vii) ICAP training provided by the division;

(viii) Have the ability to work independently upon completion of training; and

(2) Ensure that all employees responsible for providing service coordination to individuals are trained on the minimum requirements necessary to address the individual's needs. The training and documentation requirements are as follows:

(A) Before a service coordinator performs any service coordination duties to the participant, initial orientation requirements are as follows:

(i) Orientation to the community services provider and its policies;

(ii) The provider's philosophy and mission;

(iii) Disability awareness;

(iv) Emergency procedures concerning fire prevention, accident prevention, and response to emergencies; and

(v) Employee's specific duties and position; and

(B) The following training areas shall be addressed within 30 days of the employee's start date:

(a) Development, facilitation and monitoring of a person-centered ISP;

(b) Instruction in the ethical principles related to positive behavior support techniques;

(c) Types adaptive technology available that may enhance the participant's quality of life;

(d) Community-based services and supports the person may access and supports;

(e) Eligibility-based services and supports for which the participant may qualify and providers of those services;

(f) Cultural competency training;

(g) Participant rights in accordance with state and federal law; and

(h) Trauma-informed care and support;

(3) The provider shall document in the staff personnel record that training and demonstration of competency were successfully completed. Documentation shall include:

(a) Topic;

(b) Date staff attended training;

(c) Date competencies were verified; and

(d) Name of person conducting training;

(4) Have primary responsibility for preparing the participant's annual ISP and modifications as needed;

(5) Ensure the health and safety of each participant receiving services according to this chapter;

(6) Ensure that services provided are consistent with the participant's ISP and the provider agreement with the division;

(7) Serve as an employer of record and a co-employer when the agency with choice model pursuant to § 46:11:09:08 is used;

(8) Monitor and document the effectiveness of the implementation of the ISP on a quarterly basis;

(9) Provide participants and their families with a written list of their rights in an accessible format or language that is easy to understand upon initiation of services and annually thereafter;

(10) Submit reports and comply with all record-keeping required by the division;

(11) Submit claims to the Department of Social Services for reimbursement;

(12) Submit critical incident reports pursuant to § 46:11:09:05;

(13) Ensure that any employee or subcontractor adhere to the division's qualifications for providing services pursuant to this chapter;

(14) Maintain, transfer, and retain records pursuant to this chapter including all information related to invoicing; and

(15) Have policies approved by the division in the following areas and ensure that any employee or subcontractor is provided adequate training on each of the following policies:

(a) Confidentiality;

(b) Drug-free workplace and drug screening;

(c) Grievance;

(d) Sexual harassment;

(e) Abuse, neglect, or exploitation reporting;

(f) Safety;

(g) Universal precautions; and

(h) Proper lifting techniques and body mechanics, back safety, and risk factors for back injury.

S.D. Admin. R. 46:11:09:02

40 SDR 102, effective 12/3/2013; 44 SDR 65, effective 10/16/2017; 46 SDR 066, effective 11/27/2019

General Authority: SDCL 27B-2-26.

Law Implemented: SDCL 27B-2-26(1)(2)(3)(4)(7)(9)(10).

Individual educational program, chapter 24:05:07.