Each facility offering hospice services, as defined in § 44:79:01:01(14), shall provide services to a terminally ill person and arrange for those services from a Medicaid-certified hospice agency under a written care plan established and periodically reviewed by the person's attending physician, physician assistant, or nurse practitioner. Unlicensed personnel of a facility may not accept any delegated skilled tasks from any hospice providers licensed under SDCL chapter 36-9.

A facility that admits or retains a resident who has requested hospice services shall have an order identifying the terminal illness. The facility shall have unlicensed assistive personnel on duty to administer medications to a resident receiving hospice services. At least two personnel must be on duty at all times if the care needs of the resident require additional staffing or if the resident is not capable of self-preservation. Family members may assist with the care of the resident. The facility and hospice agency shall develop a written care plan or service plan that delineates responsibilities. The facility must be equipped with an automatic sprinkler system if a resident becomes incapable of self-preservation. A facility without an automatic sprinkler system shall implement discharge planning to a safe environment prior to the resident becoming incapable of self-preservation.

Source: 38 SDR 115, effective January 9, 2012; 46 SDR 65, effective November 26, 2019 ; 50 SDR 19, effective August 30, 2023 .

General Authority: SDCL 34-12-13 (5)(14).

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2019-11-26, 2012-01-09.