The State Mental Health Authority or State Intellectual Disability Authority shall make an advance group categorical determination for a nursing facility applicant or resident who may have a preadmission screening and resident review condition when:

1. (1) The individual has been diagnosed by a physician with a terminal illness, or has hospice involvement that includes a life expectancy of six months or less;
2. (2) The individual has a severe physical illness that has resulted in a coma or ventilator dependence;
3. (3) A physician identifies the need for the individual to have convalescent care following an inpatient hospitalization of less than one hundred days;
4. (4) The individual’s respite stay is less than thirty days; or

5. (5) The individual receives provisional emergency admission not to exceed seven days with placement in the nursing facility following suspected abuse or neglect or a natural disaster that involves loss of housing or unsafe housing for the individual, and law enforcement or adult protective services are involved.

   If a categorical determination is made, a Level I screen must be completed and submitted. An abbreviated evaluation report is sent to the individual, the State Mental Health Authority or State Intellectual Disability Authority, the admitting or retaining nursing facility, and the discharging hospital, if applicable. The abbreviated evaluation report must also be sent to the individual's attending physician or made available for review at the facility.

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

General Authority: SDCL 1-36-25 .

Law Implemented: SDCL 28-6-1 .