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67:48:01:07Notice to individual suspected of committing an

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

intentional program violation. If the department intends to proceed with an IPV hearing, the department shall send a written notice to the individual suspected of having committed the intentional program violation. A copy of the notice must also be sent to the individual's authorized representative, if the department is aware that one exists. The notice must contain the following information: (1) A statement that a review of the case indicates that an intentional program violation has occurred; (2) A summary of the evidence supporting the finding; (3) Information on how and where the evidence may be examined; (4) Information on the intentional program violation hearing that will be scheduled; and (5) Instructions on how the individual may waive the right to an administrative hearing and information on the ramifications of signing the waiver.

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 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