South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:08 - Long-term care notice requirements
Section 67:46:08:01 - Required timely and adequate notice

Timely and adequate notice shall be mailed to each recipient detailing the reason for a proposed action which may result in termination or reduction of payment or inability to authorize payment. The notice shall inform the recipient of any changes in federal or state law requiring automatic grant adjustments for classes of recipients and of a change in the manner or form of payment to a protective, vendor, or two-party payment. This notice shall state the specific regulations supporting the action taken and explain the individual's right to and procedure for requesting a fair hearing, the right to be represented by others at the hearing, and the time in which a hearing may be requested. This timely notice shall be mailed ten days before the date of action, which is the date when the recipient would normally receive an assistance check or, in the case of a Medicaid recipient, ten days before the intended change would be effective. In cases of probable fraud, notice of a proposed action which may result in termination or reduction of payment or inability to authorize payment shall be considered timely if mailed at least five days before the action would become effective. This notice shall also explain the circumstances under which assistance may be continued if a hearing is requested. Timely and adequate notice is not required when the recipient of a one-person case has died.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.