67:48:01:06Administrative hearing to determine whether
Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
intentional program violation occurred. If the individual suspected of having committed an IPV chooses not to sign a waiver, the department shall hold an administrative hearing to determine whether an IPV occurred. An IPV hearing is held according to the provisions of SDCL chapter 1-26 and ARSD chapter 67:17:02, unless otherwise specified in this chapter. The hearing examiner shall base the determination of an intentional program violation on clear and convincing evidence that demonstrates that the individual committed and intended to commit an intentional program violation.
Source: 25 SDR 141, effective May 20, 1999.
General Authority
- SDCL 28-6-1 ↗Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes oAmended by HB1229 (2019) — require optional services through Medicaid to be authorized through special apprAmended 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 oAmended by HB1229 (2019) — require optional services through Medicaid to be authorized through special apprAmended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions