The provider shall maintain documentation signed by a physician or psychologist which indicates that the individual is developmentally disabled. An individual is considered developmentally disabled if the individual meets all of the following criteria:

1. (1) The individual has a severe, chronic disability attributable to intellectual disability, cerebral palsy, epilepsy, head injury, brain disease, or autism or any other condition, other than mental illness, closely related to intellectual disability and requires treatment or services similar to those required for individuals with intellectual disabilities. To be closely related to intellectual disability, a condition must cause impairment of general intellectual functioning or adaptive behavior similar to that of intellectual disability;
2. (2) The disability manifested itself before the individual reached age 22; and
3. (3) The disability is likely to continue indefinitely.

Source: 10 SDR 79, effective February 1, 1984; transferred from § 67:16:27:05, effective August 23, 1992; 26 SDR 150, effective May 21, 2000; 40 SDR 122, effective January 8, 2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.