S.D. Admin. R. 46:11:03:06

Current through Register Vol. 51, page 71, January 6, 2025

Section 46:11:03:06 - Procedures for grievances

Each provider shall have a written procedure for grievances approved by the division. The grievance procedure shall include the following:

(1) A requirement that each participant, participant's parent if the participant is under 18 years of age, or the participant's guardian, if any, be informed in writing or in an accessible format of the provider's grievance procedure at the time of application and at least annually thereafter;

(2) A requirement that information is provided to the participant, the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any, in an accessible format regarding the ability to appeal to the provider any decision or action by the provider that affects the participant;

(3) A requirement that information is provided to the participant, the participant's parent, if the participant is under 18 years of age, or the participant's guardian, if any, regarding the opportunity to obtain an advocate as defined in subdivision 46:11:01:01(1) or an employee of the state's designated protection and advocacy system. An advocate may not act on the participant's behalf without consent or knowledge by the participant, the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any. This does not apply to any employee of the state's designated protection and advocacy system when acting in the capacity of an investigative authority in accordance with 45 C.F.R. § 1386 Subpart B (2000). The provider may not process the grievance until the advocate is obtained if one is requested;

(4) A requirement that assistance is provided to the participant, the participant's parent if the participant is under 18 years of age, and the participant's guardian, if any, if they do not understand the grievance procedures; and

(5) A requirement that each participant, the participant's parent if the participant is under 18 years of age, and the participant's guardian, if any, is provided with information on how to contact the division.

The provider may not retaliate against a participant who utilizes the grievance procedures.

S.D. Admin. R. 46:11:03:06

22 SDR 104, effective 2/13/1996; 27 SDR 63, effective 12/31/2000; 40 SDR 102, effective 12/3/2013; 42 SDR 9, effective 8/2/2016

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

Law Implemented: SDCL 27B-2-26.