Terms used in this chapter mean:

1. (1) "Active treatment," the implementation of a program of specialized and generic training, treatment, health services, and related services, which leads to the acquisition of the behaviors necessary for an individual to function with as much self-determination and independence as possible, and to prevent regression or loss of current optimal functional status;
2. (2) "Dementia," a disorder characterized by the development of multiple cognitive deficits due to the direct physiological effects of a general medical condition, to the persisting effect of a substance, or to multiple etiologies;
3. (3) "Developmental disability," as defined by SDCL 27B-1-18;
4. (4) Intellectual disability," a condition characterized by significant limitations in both intellectual functioning and adaptive behavior that originates before the age of twenty-two;
5. (5) "Level I screen," a screening pursuant to 42 C.F.R. § 483.102 (July 12, 2006), used to identify if a person has a serious mental illness or an intellectual or developmental disability;
6. (6) "Level II," an evaluation of a person identified in a Level I screen to confirm the preadmission screening and resident review condition and determine if nursing facility services and specialized services are needed;
7. (7) "Nursing facility," as defined in SDCL 34-12-1.1;
8. (8) "Resident review," a review to determine the appropriateness for a resident to remain in a nursing facility and if the resident needs specialized services;
9. (9) "Serious mental illness," a condition that meets the requirements for diagnosis, level of impairment, and duration of illness pursuant to 42 C.F.R. § 483.102 (July 12, 2006);
10. (10) "Specialized services," the services specified by the state for an individual which, when combined with the services provided by a nursing facility or other service provider, results in active treatment;
11. (11) "State Intellectual Disability Authority," the Department of Human Services Division of Developmental Disabilities;
12. (12) "State Medicaid Authority," the department's Division of Medical Services; and
13. (13) "State Mental Health Authority," the department's Division of Behavioral Health.

Source: 52 SDR 41, effective October 27, 2025 .

General Authority: SDCL 1-36-25 .

Law Implemented: SDCL 28-6-1 .