67:61:02:10Reasons for placing an agency on probation.

The department may place an agency on probation if the department determines: (1) The agency is in compliance with less than seventy percent of the requirements of this article and SDCL chapter 34-20A; (2) The agency failed to follow through with the plan of correction to address the areas of noncompliance noted by the department in the accreditation report; (3) The agency has serious infractions of this article that affect the overall continuity of care or safety of clients; (4) The agency falsified information provided to the department for accreditation or funding purposes; (5) The agency participated in, condoned, or permitted illegal acts; (6) The agency participated in, condoned, or permitted fraud, deceit, or coercion; (7) The agency failed to comply with licensing and other standards that are required by federal or state laws, rules, or regulations; state and federal confidentiality laws; and this article; and the noncompliance results in practices that are detrimental to the welfare of a client; or (8) The agency refused to allow the department access for a comprehensive survey, a complaint review, or any necessary follow-up review.

Source: 43 SDR 80, effective December 5, 2016; 50 SDR 63, effective November 27, 2023.