46 : 04 : 01 : 04 . Exceptions. A provider may request a n exception for a specific section, subsection, or paragraph of this chapter by writing to the division at least 30 days before the implementation of the exception. The division will grant a n exception if the following criteria are met:

1. (1) The exception does not jeopardize the health, safety, or well-being of any participants in the home;
2. (2) The exception is based on the best interests and needs of the participant;
3. (3) Noncompliance with the rule is of greater benefit to the participant than compliance with the rule;
4. (4) There is an alternative method for meeting the intent of the rule;
5. (5) There are special circumstances that make the home different from other homes complying with the rule; and

6. (6) The exception does not violate any other state rule or statute.

   The division will not grant an exception for any requirements in §§ 46:04:01:02 and 46:04:01:03.

   If a participant requires relief care or emergency placement, the shared living provider may implement an exception immediately. The shared living provider shall notify the provider in writing of the exception within 24 hours of implementing the exception. The provider must provide written notice of the exception to the division within one business day.

Source: 44 SDR 93, effective December 4, 2017 ; 49 SDR 48, effective November 22, 2022 .

General Authority: SDCL 27B-2-26 (2)(3)(4)(9)(10) .

Law Implemented: SDCL 27B-2-26 (9)(10).

Prior versions effective: 2017-12-04.