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67:45:03:12Fair hearing.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

A facility may appeal an adverse decision made under the provisions of this chapter. A request for a fair hearing must be made within ten calendar days after the nursing facility receives the written notice of the department's final decision. A facility shall request a fair hearing in writing. A fair hearing is conducted under the provisions of chapter 67:17:02. A decision affecting the nursing facility's payment level is applied retroactively to the assessment start date.

Source: 26 SDR 21, effective August 24, 1999; 50 SDR 11, effective August 7, 2023.

General Authority

  • SDCL 28-6-1
    Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes o
    Amended by HB1229 (2019) — require optional services through Medicaid to be authorized through special appr
    Amended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions

Law Implemented

  • SDCL 28-6-1
    Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes o
    Amended by HB1229 (2019) — require optional services through Medicaid to be authorized through special appr
    Amended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions