The Department of Human Services shall provide an individual desiring assistive daily living services with a list of provider agencies. The individual must select a service provider agency from the list and must apply directly to the selected agency for services.

1. (1) Attendants who meet the requirements of § 67:54:06:08, are available to provide services, and have requested to have their names placed into the directory;
2. (2) Home health agencies available in the consumer's area that have an agreement with the Department of Social Services to provide private duty nursing services under the provisions of chapter 67:16:05;

3. (3) Companies that have an agreement with the Department of Social Services to supply an emergency response device that meets the consumer's needs.

   The consumer must independently select a personal attendant from the agency's list of available attendants. If the agency has no attendants available to provide the needed services, the consumer may need to independently recruit, interview, and select a personal attendant. The consumer must submit the name of the selected attendant to the provider agency for review and approval.

   The provider agency must reimburse the consumer for the consumer's actual out-of-pocket expenses incurred while recruiting, interviewing, and selecting a personal attendant who is placed on the provider agency's attendant list. The consumer must have approval from the provider agency before incurring the expenditure.

For purposes of service delivery, each provider agency must maintain the following directories:

Source: 21 SDR 230, effective July 13, 1995; 26 SDR 99, effective January 30, 2000.

General Authority: SDCL 28-6-1(4).

Law Implemented: SDCL 28-6-1(4).