67:16:50:09Level II State Mental Health Authority determination.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

Rulemaking activity

Repeal of ARSD ch 46:11:13-Preadmission Screening and Resident Reviews (PASRR)Effective
Article 67:15 (LIEAP), Article 67:16 (MS - Transportation) Article 67:18 (Child Support Enforcement), Article 67:42 (Family Foster Homes), Article 67:46 (Economic Assistance)Effective

The independent evaluator, as described in 42 C.F.R. § 483.106 (April 28, 1993), shall submit an evaluation report and all data collected to the authority for final determination. The authority shall determine if the individual requires the level of services provided by the medicaid-certified nursing facility and if specialized services are appropriate.

Source: 52 SDR 41, effective October 27, 2025.

General Authority

SDCL 1-36-25 ↗

Law Implemented

SDCL 28-6-1 ↗
Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes o
Amended by HB1229 (2019) — require optional services through Medicaid to be authorized through special appr
Amended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions

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