South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:09 - Disabled children
Section 67:46:09:02 - Application required - Time for determining eligibility - Notice

A parent, legal guardian, or authorized representative must complete, date, and sign an application for assistance pursuant to this chapter. An application lacking the information needed to determine eligibility or any of the required signatures is cause for a denial of eligibility.

After the department receives the completed application, the department shall request the medical documentation necessary to determine medical eligibility from the child's physician.

Within 90 days after the date of the application, the department shall determine eligibility and shall send written notice of the eligibility determination to the individual who signed the application. This deadline applies except in unusual circumstances, including a failure or delay on the part of an examining physician to provide necessary information, an inability to obtain a supplemental security disability determination, or an emergency beyond the department's control. The department shall fully document in the case record the cause of any delay. The department's deadline for acting on applications or continuing eligibility may not be used as a waiting period before granting or denying benefits.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.