09/19/2025 1 CHAPTER 44:58:07
RECORDS, REPORTS, AND INVENTORIES
Section
44:58:07:01 and 44:58:07:02 Repealed.
44:58:07:03 Inventory requirements.
44:58:07:04 Acquisition, dispensing, and distribution records.
44:58:07:05 Theft reports.
44:58:07:06 to 44:58:07:08 Repealed.
44:58:07:09 Emergency supplies of controlled substances in long term care
facilities, Repealed.
09/19/2025 2 44:58:07:09. Emergency supplies of controlled substances in long term care facilities.
Emergency supplies of controlled substances may be kept in long term care facilities under the
following circumstances:
(1) The pharmacist supplying the controlled substances retains ownership and responsibility
for the controlled substances, including a monthly physical inventory;
(2) The controlled substances are stored in a manner that allows only those individuals
authorized to administer the controlled substances access to them;
(3) The controlled substances are stored in a sealed emergency box or in a separate locked
cabinet, with a complete and accurate record kept of the controlled substances in the box or cabinet
and their disposition;
(4) The facility notifies the pharmacist within 36 hours after the withdrawal of a Schedule
II controlled substance and within 72 hours after the withdrawal of a Schedule III or IV controlled
substance and the pharmacist replaces the controlled substance within 72 hours after notification;
and
(5) No more than five different controlled substances are stored in the emergency box,
which may contain no more than six doses of any Schedule II controlled substance, no more than
six doses of any Schedule III or IV injectable controlled substance, and no more than 12 doses of
any oral Schedule III or IV controlled substance Repealed.
Source: 25 SDR 48, effective October 1, 1998.
General Authority: SDCL 34-20B-41.
Law Implemented: SDCL 34-20B-41.
09/19/2025 3 ARTICLE 44:66
HOSPITAL CHARGE REPORTING
Chapter
44:66:01 Definitions, Repealed.
44:66:02 Reporting requirements.
44:66:03 Reports to public, Repealed.
09/19/2025 4 CHAPTER 44:66:01
DEFINITIONS
(Repealed)
Section
44:66:01:01 Definitions, Repealed.
09/19/2025 5 44:66:01:01. Definitions. Terms used in this article mean:
(1) "Case severity rating," the relative value reflecting average resource consumption by
patients in a hospital for its APR DRGs over a particular period of time;
(2) "Charge," that amount a hospital would expect to charge for an inpatient diagnostic-
related group;
(3) "Department," the South Dakota Department of Health;
(4) "All patient refined diagnosis-related group," "APR DRG," a classification assigned to
an inpatient hospital service claim based on the patient's age and sex, the principal and secondary
diagnoses, the procedures performed, and the discharge status;
(5) "CMS Uniform Bill-04," "UB-04," a standardized form from the Centers for Medicare
and Medicaid Services used to electronically submit claims for health care received in an
institutional setting to payers;
(6) "Hospital variation," any of several factors, including cross subsidization of
governmental payers and uncompensated care, regional staffing costs, services specialization, and
operational cost structures and capital expenses that comprise a hospital's charge structure;
(7) "Patient variation," any of several factors, including age, preexisting condition,
comorbidity, reaction to medication or treatment, and time of recovery that influences treatment
decisions and affects resource consumption; and
(8) "SDAHO," the South Dakota Association of Healthcare Organizations Repealed.
Source: 32 SDR 69, effective November 7, 2005; 34 SDR 88, effective September 10, 2007;
35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
Law Implemented: SDCL 34-12E-11.
09/19/2025 6 CHAPTER 44:66:02
REPORTING REQUIREMENTS
Section
44:66:02:01 Entities required to report, Repealed.
44:66:02:02 Organization and structure.
44:66:02:03 Required patient data to be reported.
44:66:02:03.01 Required financial data to be reported.
44:66:02:04 Timelines for reporting.
09/19/2025 7 44:66:02:01. Entities required to report. Each hospital licensed pursuant to SDCL chapter
34-12 shall report annually to SDAHO the charge information for the inpatient APR DRGs for
which there are at least ten cases rendered by the hospital during the twelve months preceding the
report. Any hospital that does not have charge information that can be grouped to APR DRGs is
exempt from the reporting requirement Repealed.
Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
Law Implemented: SDCL 34-12E-11.
09/19/2025 8 44:66:02:02. Organization and structure. SDAHO The South Dakota Association of
Healthcare Organizations is responsible for the collection, validation, analysis, and dissemination
of data and information related to reporting required in § 44:66:02:03.
Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
Law Implemented: SDCL 34-12E-11(2).
09/19/2025 9 44:66:02:03. Required patient data to be reported. Each hospital required to report
charge information pursuant to § 44:66:02:01 SDCL 34-12E-11 shall provide the following
information from the UB-04 form:
(1) Record type;
(2) Hospital number;
(3) Patient control number;
(4) Date of birth;
(5) Sex;
(6) Admission date;
(7) Principal diagnosis;
(8) Admitting diagnosis;
(9) Principal procedure;
(10) Discharge date;
(11) Patient status; and
(12) Total charges.
All other fields on the UB-04 form shall be submitted as entered on the form or submitted
with filler data as specified by the SDAHO.
For the purposes of this section, "UB-04 form" is a standardized form from the Centers for
Medicare and Medicaid Services used to electronically submit claims for health care received in
an institutional setting.
Source: 32 SDR 69, effective November 7, 2005; 34 SDR 88, effective September 10, 2007;
35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
09/19/2025 10 Law Implemented: SDCL 34-12E-11(1).
09/19/2025 11 44:66:02:03.01. Required financial data to be reported. Each hospital required to report
pursuant to § 44:66:02:01 SDCL 34-12E-11 shall annually provide financial information including
revenue by type, uncompensated care, and revenue by payor on a form provided by the department
South Dakota Association of Healthcare Organizations.
Source: 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
Law Implemented: SDCL 34-12E-11.
09/19/2025 12 44:66:02:04. Timelines for reporting. Each hospital required to report charge information
pursuant to SDCL 34-12-11 shall provide to SDAHO the report the patient data elements
information described in § 44:66:02:03 by the following dates to the South Dakota Association of
Healthcare Organizations as follows:
First Quarter (January-March) July 1 of the same year
Second Quarter (April-June) October 1 of the same year
Third Quarter (July-September) January 1 of the following year
Fourth Quarter (October-December) April 1 of the following year
Each hospital shall provide to SDAHO the financial data described in § 44:66:02:03.01 by
May 1 of each year for the fiscal year corresponding to the annual reporting period of the patient
data elements described in § 44:66:02:03
(1) January first to June thirtieth data by October first of the same year; and
(2) July first through December thirtieth data by April first of the following year.
Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
Law Implemented: SDCL 34-12E-11.
09/19/2025 13 CHAPTER 44:66:03
REPORTS TO PUBLIC
(Repealed)
Section
44:66:03:01 Annual publication of data, Repealed.
44:66:03:02 Data to be published, Repealed.
09/19/2025 14 44:66:03:01. Annual publication of data. SDAHO shall publish hospital charge
information data based on a calendar year Repealed.
Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
Law Implemented: SDCL 34-12E-11.1.
09/19/2025 15 44:66:03:02. Data to be published. The data to be published in accordance with
§ 44:66:02:01 shall include the following:
(1) Volume of cases by APR DRG required to be reported by hospital;
(2) Case severity rating by hospital; and
(3) A general disclaimer statement regarding those hospital variations and patient variations
that affect the actual charges to patients Repealed.
Source: 32 SDR 69, effective November 7, 2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-12E-11.
Law Implemented: SDCL 34-12E-11.1.
09/19/2025 16 44:70:01:07.01. Reports to the Department of Human Services, law enforcement, or
state's attorney. A facility shall report an event involving an attempted suicide or any reasonable
cause to suspect abuse or neglect of any resident by any person within twenty-four hours of the
discovery of the event, orally or in writing, to the Department of Human Services, to a law
enforcement officer, or to the state's attorney of the county in which the facility is located.
Source: 50 SDR 19, effective August 30, 2023.
General Authority: SDCL 34-12-13(14).
Law Implemented: SDCL 34-12-13.
09/19/2025 17 44:73:01:07. Reports to the department. Each facility shall report any of the following
events to the department through the department's online reporting system within twenty-four
hours of the discovery of the event:
(1) An attempted suicide by a resident;
(2) An incident or event where there is reasonable cause to suspect abuse or neglect of any
resident by any person;
(2)(3) Any A death not resulting from other than natural causes that originated on facility
property;
(3)(4) A missing resident;
(4)(5) Any A fire in the facility;
(5)(6) Any A loss, for more than twenty-four hours, of utilities, an emergency generator, a
fire alarm, sprinklers, and or other critical equipment necessary for operation of the facility for
more than twenty-four hours; or
(6)(7) Any A unsafe water samples from pools or spas.
The facility shall conduct an internal investigation for of the event and report the results to
the department no later than five working days after the event.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 14 SDR 81, effective
December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4,
1998; 26 SDR 96, effective January 23, 2000; 28 SDR 83, effective December 16, 2001; 29 SDR
81, effective December 11, 2002; 30 SDR 84, effective December 4, 2003; 32 SDR 128, effective
January 30, 2006; transferred from § 44:04:01:07, 42 SDR 51, effective October 13, 2015; 51 SDR
53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
09/19/2025 18 Law Implemented: SDCL 34-12-13.
09/19/2025 19 44:73:01:07.01. Reports to the Department of Human Services, law enforcement, or
state's attorney. In addition to the reporting requirements in § 44:73:01:07, a facility shall report
an event involving an attempted suicide at the facility, and any reasonable cause to suspect abuse
or neglect of a resident by any person, within twenty-four hours of the discovery of the event or
reasonable cause, orally or in writing, to the Department of Human Services, a law enforcement
officer, or the state's attorney of the county where the facility is located.
Source: 51 SDR 53, effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
09/19/2025 20 44:73:08:11. Controlled drugs kept for emergency use. A facility may keep controlled
drugs for emergency use under the following circumstances:
(1) The pharmacist supplying the controlled drugs maintains ownership and responsibility
for the drugs, including a monthly physical inventory;
(2) The controlled drugs are stored in a manner that allows only those individuals authorized
to administer the drugs access to them;
(3) The controlled drugs are stored in a sealed emergency box or in a separate locked
cabinet, with a complete and accurate record kept of the drugs in the box or cabinet and of their
disposition; and
(4) The facility notifies the pharmacist within thirty-six hours after the withdrawal of a
Schedule II drug and within seventy-two hours after the withdrawal of a Schedule III or IV drug
and the pharmacist replaces the drugs within seventy-two hours after notification; and
(5) No more than five different controlled drugs are stored in the emergency box or separate
locked cabinet. The emergency box or separate locked cabinet may contain no more than six doses
of any Schedule II controlled drug, no more than six doses of any Schedule III or IV injectable
controlled drug, and no more than twelve doses of any oral Schedule III or IV controlled drug.
Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19,
1995; transferred from § 44:04:08:07.01, 42 SDR 51, effective October 13, 2015; 51 SDR 53,
effective November 11, 2024.
General Authority: SDCL 34-12-13.
Law Implemented: SDCL 34-12-13.
Cross-Reference: Pharmacist controls emergency kit in nursing facility, § 20:51:15:15.01.
09/19/2025 21 44:75:01:07. Reports to the department. Each facility shall report any of the following
events to the department through the department's online reporting system within twenty-four
hours of the discovery of the event:
(1) An attempted suicide by a patient;
(2) An incident or event where there is reasonable cause to suspect abuse or neglect of any
patient by any person;
(2)(3) Any A death resulting from other than natural causes originating on facility property;
(3)(4) A missing patient;
(4)(5) A fire in the facility;
(5)(6) Any A loss, for more than twenty-four hours, of utilities, emergency generator, fire
alarm, sprinklers, and or other critical equipment necessary for operation of the facility for more
than twenty-four hours; or
(6)(7) Any An unsafe water samples for pools or spas from a pool or spa.
The facility shall conduct an internal investigation for of the event and report the results to
the department no later than five working days after the event.
Source: 42 SDR 51, effective October 13, 2015; 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-12-13(14).
Law Implemented: SDCL 34-12-13.
09/19/2025 22 44:75:01:07.01. Reports to the Department of Human Services, law enforcement, or
state's attorney. A facility shall report an event involving an attempted suicide, or any reasonable
cause to suspect abuse or neglect of any patient by any person within twenty-four hours of the
discovery of the event or reasonable cause, orally or in writing, to the Department of Human
Services, to a law enforcement officer, or to the state's attorney of the county in which the facility
is located.
Source: 50 SDR 62, effective November 27, 2023.
General Authority: SDCL 34-12-13(14).
Law Implemented: SDCL 34-12-13.