The department may assign an individual to an intermediate level of care classification if the individual:

1. (1) Resides, or is anticipated to reside, in an assisted living center and requires assistance available twenty-four hours a day to enable the individual to carry out those tasks associated with the activities of daily living and or the instrumental activities of daily living; or

2. (2) Resides, or is anticipated to reside, in adult foster care and needs supervision, minimal assistance, or monitoring in:

   1. (a) The activities of daily living or instrumental activities of daily living;
   2. (b) The self-administration of medications;
   3. (c) The self-treatment of a physical disorder; or

   4. (d) Self-preservation in emergencies when capable of taking action with direction.

      The department must complete a classification assignment for an eligible individual before payment is made for services provided.

      Cross References:

      Resident admissions, § 44:70:04:13.

      Dietetic services, chapter 44:70:06.

      Medication control, chapter 44:70:07.

      Redetermination of level of care classification, § 67:45:01:08.

Source: SL 1975, ch 16, § 1; 2 SDR 71, effective April 29, 1976; 4 SDR 10, effective August 28, 1977; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 15 SDR 68, effective November 7, 1988; transferred from § 67:16:04:19 , 18 SDR 67, effective October 13, 1991; 23 SDR 92, effective December 10, 1996; 27 SDR 32, effective October 11, 2000; 28 SDR 96, effective December 30, 2001; 38 SDR 123, effective January 23, 2012 ; 51 SDR 13, effective August 12, 2024 .

General Authority: SDCL 28-6-1 .

Law Implemented: SDCL 28-6-1 .

Prior versions effective: 2012-01-23.