LEGISLATIVE ACTIONS:

• House Bill 1005 The enacted legislation defines telehealth as the use of secure electronic information, imaging, and communication technologies by a health care professional to deliver health care services to a patient, including interactive audio-video, interactive audio with store and forward, store-and-forward technology, and remote patient monitoring. Telehealth does not include the delivery of health care services through electronic means under the provisions of chapter 27A-10, or the delivery of health care services through an audio-only telephone, electronic mail message, text message, mail service, facsimile transmission, or any combination thereof. It also places restrictions regarding prescribing drugs. By stating that without a proper provider-patient relationship, a health care professional using telehealth may not prescribe a controlled drug or substance, as defined by § 34-20B-3, solely in response to an internet questionnaire or consult, including any encounter via telephone. Effective Date July 1, 2020.

LEGISLATIVE ACTIONS:

• Senate Bill 36

The enacted legislation revises the membership of the state’s workers’ compensation advisory council. The total number of members is increased from 8 members to 9 members. Effective Date July 1, 2019.

REGULATORY ACTIVITY:

• Published its 2018 Annual Report. To view the report, go to https://dlr.sd.gov/workers_compensation/publications.aspx.

LEGISLATIVE ACTIONS:

• House Bill 1029

The enacted legislation increased certain fees for self-insured employers. Effective June 1, 2018.

• Senate Bill 141

The enacted legislation established a new section that sets forth that a pharmacy benefits manager may neither prohibit nor penalize a pharmacist or pharmacy for providing cost-sharing information on the amount a covered individual ma pay for a particular prescription drug. The legislation also establishes that the following acts or practices by a pharmacy benefits manager are declared to be false, misleading, deceptive or unfair: prohibiting a pharmacist or pharmacy for providing cost-sharing information on the amount that a covered individual may pay for a particular prescription drug by a pharmacist or pharmacy, or penalizing a pharmacist or pharmacy for providing cost-sharing information that a covered individual may pay for a particular prescription drug by a pharmacist or pharmacy.   Effective Date May 27, 2018.

REGULATORY ACTIVITY:

• The South Dakota Department of Labor and Regulation’s Workers' Compensation Advisory Council Web page (http://dlr.sd.gov/workers_compensation/advisory_council.aspx) has been updated to include:
  • Minutes  (draft) from the Oct. 30, 2017, meeting (revised July 25, 2018, to correct typo)
  • Agenda handouts:
    • 2018 Division Report on the State Workers' Compensation System
      SDSU OSHA Consultation 2017 Annual Report
      NCCI Medical Report
      NCCI Opioid Utilization Supplement 2017
• More information about workers' compensation in South Dakota is available at http://dlr.sd.gov/workers_compensation.

FEE SCHEDULE NEWS:

• The state has adopted a new Medical Fee Schedule effective June 25, 2018. The fee schedule is based on the 2018 Relative Value for Physicians and 2009 edition of the Relative Values for Dentists.

REGULATORY ACTIVITY:

• This notice is to replace and correct the previous notice published pertaining to rules in Chapter 47:03:05. The date for the public hearing and the comment period have been amended as stated below. The Division of Labor and Management will hold a public hearing in the Sharpe Conference Room, Missouri River Plaza, 123 W. Missouri Avenue, Pierre, South Dakota, on May 14, 2018 at 2:00 p.m., to consider the adoption and amendment of proposed rules Chapter 47:03:05 regarding the workers' compensation fee schedule.  A copy of the updated text of the proposed rule can be viewed at http://dlr.sd.gov/workers_compensation/proposed_admin_rules.aspx.

REGULATORY ACTIVITY:

• Posted notice to replace and correct the previous notice published pertaining to rules in Chapter 47:03:05. The date for the public hearing and the comment period have been amended as stated below. The Division of Labor and Management will hold a public hearing in the Sharpe Conference Room, Missouri River Plaza, 123 W. Missouri Avenue, Pierre, South Dakota, on May 14, 2018 at 2:00 p.m., to consider the adoption and amendment of proposed rules to the following:  Chapter 47:03:05. The effect of the rules is to revise the workers' compensation fee schedule.
• Posted the following is the state register: Department of Labor and Regulation:  Division of Labor and Management: (April 18, 2018) intends to amend rules to revise the workers compensation fee schedule.  The general authority for these rules, as cited by the agency, is SDCL § 62-7-8.  A public hearing will be held in the Sharpe Conference Room, Missouri River Plaza, 123 West Missouri Avenue, Pierre, South Dakota, on May 14, 2018, at 2:00 p.m. CT. Copies of the proposed rules may be obtained without charge from and written comments sent to South Dakota Division of Labor and Management, 123 W. Missouri Avenue, Pierre, SD 57501. Electronic copies are available by email to mallori.barnett@state.sd.us, and Online at https://rules.sd.gov or http://dlr.sd.gov/workers_compensation/aspx. The comment period will remain open for ten days following the public hearing and will close on May 19, 2018. This hearing is being held in a physically accessible place. Persons who have special needs for which the Division can make arrangements are asked to call (605) 773-3681 at least 48 hours before the public hearing.

FEE SCHEDULE NEWS:

• The state has adopted a new fee schedule with an effective date of July 7, 2017. The state is adopting the 2017 Relative Values for Physicians and conversion factors.  A new updated fee schedule is expected to be adopted July 2018.

FEE SCHEDULE NEWS:

• A new updated fee schedule is expected to be adopted July 2017.

REGULATORY ACTIVITY:

• The South Dakota Department of Labor and Regulation's Workers' Compensation website (http://dlr.sd.gov/workerscomp) has been updated to include:  An updated version of the Rules Text for the proposed administrative rules that were presented at the May 15, 2017 public hearing.