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ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services

South DakotaregulationSouth Dakota Department of Social Services (rules); waiver operated by Department of Human Services, Division of Long Term Services and Supports

What this rule requires your agency to do

  • 1The total amount authorized for all HOPE waiver services is capped at the average cost of nursing facility care; services over the threshold require the exceptions review process, and exceptions may not exceed 150% of the average cost of nursing facility care (67:44:03:16).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)
  • 2An individual is eligible for HOPE waiver services only if age 65+ (or 18+ with a qualifying disability), income within 300% of the SSI standard benefit, meets nursing facility level of care per ch. 67:45:01, resides in an approved home and community-based setting, and has an individual support plan (67:44:03:02).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)
  • 3The department may discontinue or deny services on the listed grounds, including if the participant does not receive a HOPE waiver service at least monthly or the living environment presents health, fire, or unsafe conditions (67:44:03:15).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)
  • 4Redetermination of level of care must be done in accordance with § 67:45:01:08 (67:44:03:05).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)
  • 5A participant receiving HOPE waiver services is required to pay any remaining income after allowable deductions toward the cost of services, paying the participant's share directly to the provider agency (67:44:03:10).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)
  • 6The rate of payment for HOPE waiver services is limited to the lesser of the provider's usual and customary fee or the fee contained on the department's website (67:44:03:11).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)
  • 7Each eligible individual must have an individual support plan signed by the individual or legal representative that includes assessed needs (including health and safety risk factors), personal goals, and the type, scope, cost, duration, and frequency of each HOPE waiver service; the department shall revise the ISP annually or as needs change (67:44:03:04).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)
  • 8To apply for HOPE waiver services an individual must participate in an initial assessment, and thereafter must participate in an ongoing assessment annually or as required by the department (67:44:03:03.01).(ARSD Chapter 67:44:03 — Home-and-Community-Based Options and Person-Centered Excellence (HOPE) Waiver Operated by the Department of Human Services)

Applies to: HOPE waiver participants and provider agencies (homemaker, personal care, adult companion, respite, in-home nursing, structured family caregiving, assisted living, and other HCBS providers)

Establishes HOPE waiver definitions, eligibility requirements, assessment and individual support plan requirements, covered services (including homemaker and personal care services), participant cost sharing, payment limits, discontinuance grounds, and the cost-cap exceptions process.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.