Public Hearings & Legal Notices

Public Comment and Input Opportunity

The recently enacted One Big Beautiful Bill Act created a $50 billion fund called the Rural Health Transformation Program.  All states are eligible to apply.   The exact funding amount South Dakota will receive is unknown, but it is anticipated that each state that applies may receive a minimum of $100 million dollars each year for a five-year period beginning in federal fiscal year 2026 through 2030.  

The Office of the Governor will submit the Rural Health Transformation Plan application on behalf of the State of South Dakota. Funding awarded to the State is anticipated to primarily be distributed to rural providers and communities through grants or other contractual relationships with the State to help transform rural health in South Dakota.

The Center for Medicare and Medicaid Services (CMS) will be releasing application details soon (projected mid-Sept), with state applications due in November 2025.  CMS funding decisions are due to states December 31, 2025.

In preparation for completion of the application, the State is seeking public input regarding transformational concepts that should be included in South Dakota’s state transformation plan. Please note that this comment period is not a request for proposals for funding of specific projects and no funding will be awarded on the basis of a response submitted in relation to this comment opportunity.  Solicited comments will be used to inform the State’s application to be submitted by Governor Rhoden.

In addition to this RFI, input will be sought through other avenues prior to formalizing South Dakota’s application to CMS.

Read the full notice.

Comment Form PDF | Word Document

Notice of Solicitation of Comment

FY 2026-2027 Combined MHBG/SUPTRS BG Application/State Behavioral Health Assessment and Plan

The Department of Social Services, Division of Behavioral Health is soliciting written comment on the FY 2026-2027 Combined Mental Health Block Grant / Substance Use, Prevention, Treatment & Recovery Services Block Grant / State Behavioral Health Assessment and Plan from interested parties. To access an electronic copy, please visit: bgas.samhsa.gov/Module/BGAS/Users. Username: citizenSD Password: citizen

To request a hard copy at no charge, please contact Bev Mentzer at Beverly.Mentzer@state.sd.us, or (605) 367-5236.

Written comments must be sent to the Department of Social Services, Division of Behavioral Health, 1501 S Highline Avenue, Sioux Falls SD 57110. Comments will also be accepted via email at dssbh@state.sd.us.
Written comments via mail or email will be received until August 28, 2025.

Notice of Public Hearing to Adopt Rules

A public hearing will be held in the Department of Social Services Building, Oak Conference Room B110A, 1501 S Highline Ave, Sioux Falls, SD 57110, on Tuesday, August 12, 2025, at 11:00 a.m. Central Time, to consider the adoption and amendment of proposed Administrative Rules of South Dakota numbered

67:16:50:01 to 67:16:50:23, inclusive, 67:62:15:01 to 67:62:15:19, inclusive.

The effect of the rules will be to repeal the existing Preadmission Screening and Resident Review (PASRR) rules chapter and replace it with an updated PASRR rules chapter. The effect will also be to remove the 75+ age categorical, add a new emergency placement categorial option, remove swing bed from the PASRR requirements, better detail the difference between a PASRR exemption versus a categorical determination, and to better detail the responsibilities of the State Medicaid Authority and Mental Health Authority.

The reason for adopting the proposed rules is reflect current CFR regulations, align the rules to our updated, approved state plan and practices, cleanup language overall, and to update form and style.

Persons interested in presenting amendments, data, opinions, and arguments for or against the proposed rules may:

1. Appear in-person at the hearing;
2. May attend telephonically by calling 1-605-679-7263 and using conference code 424 928 756#;
3. Mail them to Teresa Schulte, Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110; or
4. Email them to DSSAdminRules@state.sd.us.

The deadline to submit any such written comments for consideration by the Department of Social Services is August 22, 2025, ten days after the date of the public hearing.

After the written comment period, the Department of Social Services will consider all written and oral comments it receives on the proposed rules. The Department of Social Services may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice.

For Persons with Disabilities: This hearing will be located at a physically accessible place. Please contact the Department of Social Services at least 48 hours before the public hearing if you have special needs for which special arrangements can be made by calling (605) 674-5771.

Copies of the proposed rules may be obtained without charge from:

1. Copies of the proposed rules may be obtained without charge from:
   Teresa Schulte at Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110;
2. Visiting http://rules.sd.gov; or
3. Emailing a request to: DSSAdminRules@state.sd.us.

Notice of Public Hearing to Adopt Rules

A public hearing will be held in the Department of Social Services Building, Oak Conference Room B110, 1501 S Highline Ave, Sioux Falls, SD 57110, on Tuesday, August 12, 2025, at 10:00 a.m. Central Time, to consider the adoption and amendment of proposed Administrative Rules of South Dakota numbered

§§ 67:17:02:03, 67:17:02:04, 67:17:02:11.01, 67:17:02:13, and 67:17:02:27.

The effect of the rules will be to allow oral hearing requests and withdrawals related to the medical assistance program, update the evidence requirements for suspected program violation (SPV) hearings, specifically, the mailing of evidence packets for SPV hearings will no longer be automatic, but upon request, update program terminology, and remove outdated references.

The reason for adopting the proposed rules is to align the program language with federal rules, better protect confidential customer information, not duplicate information provided to customers, update outdated terminology, remove outdated references, and to update form and style.

Persons interested in presenting amendments, data, opinions, and arguments for or against the proposed rules may:

1. Appear in-person at the hearing;
2. May attend telephonically by calling 1-605-679-7263 and using conference code 608 046 742#;
3. Mail them to Teresa Schulte, Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110; or
4. Email them to DSSAdminRules@state.sd.us.

The deadline to submit any such written comments for consideration by the Department of Social Services is August 22, 2025, ten days after the date of the public hearing.

After the written comment period, the Department of Social Services will consider all written and oral comments it receives on the proposed rules. The Department of Social Services may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice.

For Persons with Disabilities: This hearing will be located at a physically accessible place. Please contact the Department of Social Services at least 48 hours before the public hearing if you have special needs for which special arrangements can be made by calling (605) 674-5771.

1. Copies of the proposed rules may be obtained without charge from:
   Teresa Schulte at Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110;
2. Visiting http://rules.sd.gov; or
3. Emailing a request to: DSSAdminRules@state.sd.us.

Notice of Public Hearing to Adopt Rules

A public hearing will be held in the Department of Social Services Building, Oak Conference Room B110, 1501 S Highline Ave, Sioux Falls, SD 57110, on Wednesday, September 10, 2025, at 10:00 a.m. Central Time, to consider the adoption and amendment of proposed Administrative Rules of South Dakota numbered

§§ 67:12:02:01 to 67:12:12:05, inclusive, and 67:12:15:01 to 67:12:18:10, inclusive.

The effect of the rules will be to update statutory authority and to make style and form changes.

The reason for adopting the proposed rules is to remove the repealed statute citations throughout.

Persons interested in presenting amendments, data, opinions, and arguments for or against the proposed rules may:

1. Appear in-person at the hearing;
2. May attend telephonically by calling 1-605-679-7263 and using conference code 608 046 742#;
3. Mail them to Teresa Schulte, Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110; or
4. Email them to DSSAdminRules@state.sd.us.

The deadline to submit any such written comments for consideration by the Department of Social Services is September 20, 2025, ten days after the date of the public hearing.

After the written comment period, the Department of Social Services will consider all written and oral comments it receives on the proposed rules. The Department of Social Services may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice.

For Persons with Disabilities: This hearing will be located at a physically accessible place. Please contact the Department of Social Services at least 48 hours before the public hearing if you have special needs for which special arrangements can be made by calling (605) 674-5771.

Copies of the proposed rules may be obtained without charge from:

1. Teresa Schulte at Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110;
2. Visiting http://rules.sd.gov; or
3. Emailing a request to: DSSAdminRules@state.sd.us.

Notice of Public Hearing to Adopt Rules

A public hearing will be held in the Department of Social Services Building, Oak Conference Room B110A, 1501 S Highline Ave, Sioux Falls, SD 57110, on Wednesday, September 10, 2025, at 11:00 a.m. Central Time, to consider the adoption and amendment of proposed Administrative Rules of South Dakota numbered

§§ 67:16:01:25 to 67:16:01:27, inclusive, 67:16:01:29, 67:16:02:16.01, 67:16:02:17, 67:16:03:01, 67:16:03:06 to 67:16:03:06.08, inclusive, 67:16:03:06.10 to 67:16:03:06.18, inclusive, 67:16:03:07.01, 67:16:03:11, 67:16:03:14, 67:16:03:14.02, 67:16:05:09. 67:16:07:08, 67:16:09:08, 67:16:11:17, 67:16:11:19.02, 67:16:13:09, 67:16:16:06, 67:16:25:06.02, 67:16:25:10, 67:16:28:10, 67:16:29:09, 67:16:29:11, 67:16:35:06, 67:16:39:02, 67:16:39:08, 67:16:40:01 to 67:16:40:20, inclusive, 67:16:41:05, 67:16:41:13, 67:16:43:08, 67:16:43:09, 67:16:44:10, 67:16:48:13, 67:46:01:14, and 67:46:12:12.

The effect of the rule changes is to update hospital reimbursement methodologies including inpatient and outpatient hospital services for both instate and out-of-state hospitals to more closely align with industry standards, repeal rules that are duplicative of federal regulation or other rules, update transportation accompaniment rules to comply with federal guidance, update the Primary Care Provider (PCP) program rules to reflect the essential role of the PCP is coordination of care in alignment with Social Security Act §1905(t), clarify expansion adults are to participation in the PCP program, and to make style and form changes.

The reason for adopting the proposed rules is to modernize and streamline hospital reimbursement methodologies and more closely align the methodologies with industry standards and align Medical Services rules with federal regulations and guidance.

Persons interested in presenting amendments, data, opinions, and arguments for or against the proposed rules may:

1. Appear in-person at the hearing;
2. May attend telephonically by calling 1-605-679-7263 and using conference code 310 934 216#;;
3. Mail them to Teresa Schulte, Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110; or
4. Email them to DSSAdminRules@state.sd.us.

The deadline to submit any such written comments for consideration by the Department of Social Services is September 20, 2025, ten days after the date of the public hearing.

After the written comment period, the Department of Social Services will consider all written and oral comments it receives on the proposed rules. The Department of Social Services may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice.

For Persons with Disabilities: This hearing will be located at a physically accessible place. Please contact the Department of Social Services at least 48 hours before the public hearing if you have special needs for which special arrangements can be made by calling (605) 674-5771.

Copies of the proposed rules may be obtained without charge from:

1. Teresa Schulte at Administrative Rules C219, Department of Social Services, 1501 S Highline Ave, Sioux Falls, SD 57110;
2. Visiting http://rules.sd.gov; or
3. Emailing a request to: DSSAdminRules@state.sd.us.