South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:01 - General provisions
Section 67:46:01:06.01 - Release of confidential information

An individual or entity outside the department requesting confidential information about an applicant or recipient must make the request in writing. The information being requested must be for one of the purposes listed in § 67:46:01:06.

Before the department releases the requested information, the applicant or recipient or the applicant's or recipient's parent or guardian, as applicable, must complete and sign the department's form authorizing the release of the requested information. The department must have the original, completed, and signed form in its possession before it releases the information to the requesting individual or entity.

Information the department receives from a source other than the applicant or recipient or the applicant's or recipient's parent or guardian, as applicable, may not be disclosed even if a signed authorization for the requested information is provided to the department.

Federal agencies that oversee the department's medical assistance program, other federally-funded, state-administered public assistance programs, and other state-administered programs that have a data use agreement with the department that allows the exchange of information for purposes of administering the medical assistance program or for verifying income, eligibility, and the amount of assistance for its applicants and recipients are exempt from the provisions of this rule.

General Authority: SDCL 28-1-32.

Law Implemented: SDCL 28-1-32.