67:48:01:13Consolidation of hearings.
Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
The department may combine a fair hearing and an IPV hearing into a single hearing if the factual issues arise out of the same or related circumstances and the individual receives prior notice that the hearings will be combined. If the hearings are combined, the department shall follow the time frames for conducting an intentional program violation hearing. However, at the individual's request, the department shall waive the 30-day advance notice period required. If the hearings are combined for the purpose of settling the amount of the overpayment at the same time as determining whether or not an intentional program violation has occurred, the individual loses the right to a subsequent fair hearing on the amount of the claim.
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