An independent evaluator shall complete the Level II evaluation based on an independent physical and mental evaluation performed by a person or entity other than the State Mental Health Authority for an individual with an identified serious mental illness as required in 42 C.F.R. § 483.106 (April 28, 1993). A preadmission screening and resident review Level II evaluation must involve:

1. (1) The individual being evaluated;
2. (2) The individual's legal representative, if applicable; and

3. (3) The individual's family, if available and the individual consents.

   The Level II evaluation must be adapted to the cultural background, language, ethnic origin, and means of communication used by the individual being evaluated.

   Data must be collected and evaluated pursuant to 42 C.F.R. §§ 483.132 and 483.134 (October 1, 2024).

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

General Authority: SDCL 1-36-25 .

Law Implemented: SDCL 28-6-1 .