1. (1) A provider delivering services under this chapter shall ensure that each employee providing service coordination:

   1. (a) Is at least 21 years of age;
   2. (b) Has passed a criminal background check;
   3. (c) Is able to communicate effectively verbally and in writing;
   4. (d) Is able to follow written or verbal instructions provided by the participant, guardian, advocate, or family member of the participant;
   5. (e) Has the ability and skill necessary to meet the participant's needs as outlined in the ISP;
   6. (f) Has a degree in the field of human services, social work, sociology, or psychology, or has related field experience, or is the parent of a child with a developmental disability;
   7. (g) Is able to effectively utilize database and word processing computer software and the Internet;
   8. (h) Completes training provided by the division in the following areas:
   9. (i) Administration of the HCBS family support waiver;
   10. (ii) Individual service plan development;
   11. (iii) Available services;
   12. (iv) Defining, identifying, and reporting abuse, neglect, and exploitation;
   13. (v) Individual education programs pursuant to chapter 24:05:27;
   14. (vi) Developmental disability eligibility criteria; and
   15. (vii) ICAP training provided by the division; and
   16. (i) Has the ability to work independently upon completion of training.

2. (2) A provider delivering services under this chapter shall ensure that each employee providing service coordination to individuals is trained on the minimum requirements necessary to address an individual's needs.

   1. (a) The community service provider and its policies;
   2. (b) The provider's philosophy and mission;
   3. (c) Disability awareness; and
   4. (d) Specific duties and responsibilities of the employee.

   Before a person delivers any service coordination to a participant, the person must receive an initial orientation covering:

3. (3) The following training areas must be addressed within 30 days of the employee's start date:

   1. (a) Development, facilitation and monitoring of a person-centered ISP, including individualized emergency response;
   2. (b) Instruction in ethical principles related to positive behavior support techniques;
   3. (c) Adaptive technology available to enhance the participant's quality of life;
   4. (d) Community-based services and supports the participant may access;
   5. (e) Eligibility-based services and supports for which the participant may qualify and providers of those services;
   6. (f) Cultural competency training;
   7. (g) Participant rights in accordance with state and federal law; and
   8. (h) Trauma-informed care and support.

4. (4) The provider shall document in the staff personnel record that training and the demonstration of competency were successfully completed. Documentation shall include:

   1. (a) Topic;
   2. (b) Date staff attended training;
   3. (c) Date competencies were verified; and
   4. (d) Name of person conducting training,

5. (5) A provider delivering services under this chapter shall:

   1. (a) Have primary responsibility for preparing the participant's annual ISP and modifications as needed;
   2. (b) Ensure the health and safety of each participant receiving services according to this chapter;
   3. (c) Ensure that services provided are consistent with the participant's ISP and the provider agreement with the division;
   4. (d) Serve as an employer of record as defined in § 46:11:09:01 and a co-employer when the agency with choice model pursuant to § 46:11:09:07 is used;
   5. (e) Monitor and document the effectiveness of the implementation of the ISP on a quarterly basis;
   6. (f) Provide participants and their families with a written list of their rights in an accessible format or language that is easy to understand upon initiation of services and annually thereafter;
   7. (g) Submit reports and comply with all record-keeping required by the division;
   8. (h) Submit claims to the Department of Social Services for reimbursement;
   9. (i) Submit critical incident reports pursuant to § 46:11:09:05;
   10. (j) Ensure that each employee or subcontractor adhere to the division's qualifications for providing services pursuant to this chapter;
   11. (k) Maintain, transfer, and retain records pursuant to this chapter including all information related to invoicing; and

   12. (l) Have the following policies approved by the division and ensure that each employee or subcontractor is provided with adequate training:

       1. (i) Confidentiality;
       2. (ii) Drug-free workplace and drug screening;
       3. (iii) Grievance;
       4. (iv) Sexual harassment;
       5. (v) Abuse, neglect, or exploitation reporting;
       6. (vi) Safety;
       7. (vii) Universal precautions; and
       8. (viii) Proper lifting techniques and body mechanics, back safety, and risk factors for back injury.

Source: 40 SDR 102, effective December 3, 2013; 44 SDR 65, effective October 16, 2017; 46 SDR 66, effective November 27, 2019.

General Authority: SDCL 27B-2-26.

Law Implemented: SDCL 27B-2-26(1)(2)(3)(4)(7)(9)(10).

Prior versions effective: 2017-10-16, 2013-12-03.