S.D. Admin. R. 46:11:03:00

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

Section 46:11:03:00 - Participant's rights

Providers must afford each participant served the following rights:

(1) To be free from abuse, neglect, and exploitation;

(2) To have privacy, dignity, confidentiality, and humane care;

(3) To be able to communicate in private;

(4) To be able to communicate in the participant's primary language or primary mode of communication;

(5) To be free from retaliation for making a complaint, voicing a grievance, recommending changes in policies, or exercising a legal right;

(6) To be able to maintain contact with family and friends, unless contact has been legally restricted;

(7) To be able to refuse or discontinue services;

(8) To have access to, read, and challenge any information contained in the participant's record;

(9) To have access to an advocate as defined in § 46:11:01:01, or an employee of the state's designated protection and advocacy system;

(10) To be provided choice among waiver services and providers;

(11) To be informed of the provider's grievance procedures pursuant to § 46:11:03:06; and

(12) To have a written residential lease agreement that meets the requirements of applicable state law.

Written notice of the participant's rights must be provided to the participant in an accessible format. If the participant is under eighteen years of age or a protected person, as defined in SDCL 29A-5-102, the notice must also be provided to the participant's parent or guardian, respectively. The notice may be provided to the participant's advocate upon the request of the participant and parent or guardian, if applicable.

Providers are required to provide training to participants served on the rights afforded under this section. The notice and training on the participant's rights must be provided upon admittance to the provider and annually thereafter.

S.D. Admin. R. 46:11:03:00

40 SDR 102, effective 12/3/2013; 42 SDR 9, effective 8/2/2016; 49 SDR 048, effective 11/22/2022; 50 SDR 063, effective 11/28/2023

General Authority: SDCL 27B-2-26(4).

Law Implemented: SDCL 27B-2-26(4)(9).