67:48:01:09Individual's rights -- Intentional program
Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
violation hearing. If the department holds an IPV hearing, the department shall give the individual or the individual's representative, if applicable, the opportunity to: (1) Examine the documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing; (2) Present the case or have it presented by legal counsel or another person; (3) Bring witnesses; (4) Advance arguments; (5) Question or refute any testimony or evidence, including an opportunity to confront and cross-examine adverse witnesses; and (6) Submit evidence to establish pertinent facts and circumstances in the case.
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