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create provisions for the Psychiatric Collaborative Care Model to be reimbursable for insurance.
Starting January 1, 2024, health insurance companies in South Dakota must cover mental health and substance abuse treatment delivered through the Psychiatric Collaborative Care Model, which is a team-based approach where a primary care doctor, care manager, and psychiatric consultant work together to treat patients. This new requirement applies to all individual and group health insurance policies renewed or issued in the state, except for limited-benefit plans that cover only specific diseases.
incentivize a paid family leave incentive program, to make an appropriation therefor, and to declare an emergency.
SB 154 creates a paid family leave incentive program in South Dakota and provides state funding to support it. The bill amends existing law to establish rules for how employers or the state can offer paid leave benefits to workers taking time off for family reasons. The bill also declares this an emergency measure, allowing it to take effect immediately once signed into law.
expand critical incident stress management to health care facility personnel providing emergency services.
South Dakota currently provides critical incident stress management support to emergency service providers like firefighters and police officers; this bill expands that support to include healthcare workers at licensed hospitals and medical facilities who respond to emergencies. The bill allows healthcare facilities to designate staff members to provide counseling, debriefing, and other mental health support to their employees who experience trauma from emergency situations. This gives healthcare workers the same access to psychological support services that other first responders already receive under state law.
make an appropriation to the Department of Human Services for the development and expansion of adult day services programs and to declare an emergency.
South Dakota will provide $5 million in grants through the Department of Human Services to help develop and expand adult day services programs for people living with dementia. The grants will prioritize areas that currently lack these services, and applicants must show they can serve new or underserved communities. The bill declares an emergency so the funding can be used immediately.
make an appropriation to rehabilitate the rail line from the city of Milbank to the city of Sisseton and to declare an emergency.
SB16 appropriates state funding to rehabilitate the railroad line connecting Milbank and Sisseton in South Dakota. The bill also declares this rail project an emergency, which allows the funds to be spent immediately rather than following the normal budget process.
Honoring Rod Bowar for his life, achievement, and legacy.
HC 8015 is a ceremonial resolution that honors Rod Bowar for his life, achievements, and legacy—it does not change any state law. This type of resolution simply expresses the South Dakota House of Representatives' appreciation and gratitude to the honoree. No new rules, regulations, or legal requirements are created or modified by this resolution.
reduce the penalty for unlawful possession of a cannabis product and provide exceptions.
SB 205 requires that people admitted to inpatient treatment programs for controlled substance use receive mental health evaluations as part of their care. This new requirement ensures that individuals struggling with substance use also get assessed for co-occurring mental health conditions during their inpatient treatment.
clarify emergency commitments of severely mentally ill persons by appropriate regional facilities.
Regional mental health facilities can now place a person on an emergency 24-hour hold if a mental health professional determines the person is severely mentally ill and poses an immediate risk of harm to themselves or others. The bill clarifies that these facilities must notify the county board and file for formal commitment within 24 hours, or the person must be released. This gives regional facilities the same emergency holding authority that the state's main Human Services Center already has.
prohibit certain restrictive employment contracts.
This bill prohibits employers from using restrictive covenants (non-compete and non-solicitation agreements) against mental health professionals and counselors, preventing these workers from being barred from practicing in certain areas or treating existing patients after they leave a job. The bill carves out an exception to South Dakota's general non-compete law, which normally allows employers to restrict employees from competing for up to two years after employment ends. Mental health professionals will now be able to continue their practice and treat current patients anywhere without geographic or time-based restrictions from former employers.
exempt municipalities in certain counties from requirements related to municipal campgrounds.
SB 157 exempts cities in certain counties from state requirements to operate municipal campgrounds. This gives those municipalities more flexibility by removing a mandate that previously required them to maintain campground facilities.
modify discharge notice procedures applicable to developmentally disabled persons.
This bill requires facilities to give parents or guardians 10 days' notice before discharging a developmentally disabled person who was voluntarily admitted as a minor, and to inform them about available support services in the community. The change ensures families have adequate time to plan for the person's transition and understand what help is available outside the facility.
require the Unified Judicial System to assemble a task force to address the provision of legal services to indigent parties within the South Dakota court system and to declare an emergency.
# HB 1064 Summary South Dakota's court system must create a task force to study and improve how poor people get legal help in state courts. The bill declares this an emergency matter, giving it priority attention.
authorize the issuance of extreme risk protection orders.
South Dakota would create a new legal tool called an "extreme risk protection order" that allows law enforcement officers or certain family members to ask a court to temporarily remove firearms from someone they believe poses a danger of harming themselves or others. To get such an order, the petitioner must provide the court with specific information about the person's history of violence, mental health, criminal record, and details about what firearms and ammunition they own. This is a new law that didn't previously exist in South Dakota.
Proposing and submitting to the voters at the next general election, an amendment to the Constitution of the State of South Dakota, authorizing the state to impose work requirements on certain individuals who are eligible for expanded Medicaid.
This is a proposed constitutional amendment that would ask South Dakota voters whether the state should be allowed to require certain people receiving expanded Medicaid benefits to work or meet other work-related conditions. If approved by voters, this amendment would change the state constitution to give the government the power to impose these work requirements.
revise provisions related to the discharge of a defendant restored to competency.
When a defendant is found mentally competent to stand trial after treatment, the facility director must file a certificate with the court and discharge the defendant, who then becomes subject to outpatient supervision laws. The court must hold a hearing to confirm the competency finding, and if confirmed by a preponderance of the evidence, must immediately discharge the defendant from the facility and set a trial date. This bill clarifies the discharge process and ensures defendants have a court hearing to verify restored competency before trial proceeds.
amend provisions addressing guardianships and conservatorships.
HB 1240 strengthens protections for people facing guardianship or conservatorship by requiring detailed medical documentation when someone contests the petition—specifically, a psychiatrist's report that diagnoses their mental illness, assesses danger to self or others, discusses treatment options, and explains why they need custodial care. The bill also clarifies that courts must honor a person's choice of guardian or conservator if that person has the capacity to make a preference and the nominee is qualified and acting in their best interest.
clarify good cause for the purpose of continuing an involuntary commitment hearing.
This bill clarifies the rights that must be explained to someone taken into involuntary psychiatric custody, making it clearer that they have immediate rights to contact someone, get a lawyer, be examined by a mental health professional, and have a hearing within five to seven days. The bill also ensures they are informed that they may be responsible for costs related to their treatment, legal representation, and court proceedings. The changes primarily reword existing notification requirements to make them more straightforward for people to understand.
revise and repeal obsolete provisions related to the Department of Social Services.
This bill updates South Dakota's Department of Social Services laws by moving the Human Services Center in Yankton under the Mental Health Division's authority and modernizing the language in fraud penalties to refer to current "Supplemental Nutrition Assistance Program" (SNAP) benefits instead of the outdated term "food stamps." The changes reflect organizational restructuring and bring the law's terminology in line with current federal program names.
revise provisions relating to addiction and prevention services professionals.
SB8 increases the licensing fees that addiction and prevention services professionals must pay to the South Dakota Board of Addiction and Prevention Professionals. Specifically, it raises application and exam fees from $250 to $350, renewal fees from $200 to $400, and reinstatement fees from $100 to $250, while keeping some other fees unchanged.
Celebrating the life and accomplishments of Randy Stainbrook.
SC 811 is a ceremonial resolution celebrating the life and accomplishments of Randy Stainbrook; it does not change any state law. This type of bill is a formal tribute passed by the legislature and has no legal effect on South Dakota statutes or regulations.
extend Medicaid postpartum coverage.
This bill extends Medicaid coverage for women after childbirth from the current period to a full 12 months postpartum (one year after delivery). The state's Department of Social Services must submit paperwork to federal officials by August 1, 2023 to implement this extended coverage.
expand postpartum medicaid coverage.
South Dakota will extend Medicaid coverage for pregnant women and new mothers from the current period to a full 12 months after pregnancy ends. The Department of Social Services must request federal approval by September 1, 2023, to implement this expanded coverage, which allows women to keep their Medicaid benefits for a year postpartum instead of losing coverage sooner.
provide for the study of long-term care services and to provide an appropriation therefor.
South Dakota will conduct a study during 2023 to examine the challenges facing long-term care service providers and identify solutions for a sustainable long-term care system in the state. The bill appropriates $1 from the general fund to support this study effort.