S.D. Admin. R. 46:11:04:13

Current through Register Vol. 51, page 57, November 12, 2024

Section 46:11:04:13 - Management of personal finances

The provider of direct HCB services may manage the participant's personal finances under the following conditions:

(1) At the request of the participant; or

(2) At the request of the participant's parent if the participant is under 18 years of age, or the participant's conservator or guardian, if any; or

(3) The provider of direct HCB services determines the participant's financial welfare is at risk and implements a rights restriction.

(4) If the any of the conditions in subsections 46:11:04:13 (1) through (3) are met, A provider of direct HCB services shall have policies and procedures to address the management of a participant's personal finances, including the following:

(a) That the ISP annually document the circumstances leading to this action; the rationale for this action; and if appropriate, a plan for returning control of the funds to the participant, including methods and schedules for implementation and documentation that the participant has access to and opportunities for training in how to handle the money;

(b)That the participant's financial record include documentation of all cash funds, savings, or checking accounts, deposits and withdrawals, and the participant's ledger and bank statement which provides a record of all funds received and disbursed and the current balance;

(c) That account balances and records of transactions be provided to the participant, the participant's parent if the participant is under 18 years of age, or the participant's conservator, or the participant's fiscal representative at least annually or more often if requested; and

(d) That a separate accounting be maintained for any participant's interest held in a common trust fund if applicable.

S.D. Admin. R. 46:11:04:13

22 SDR 104, effective 2/13/1996; 27 SDR 63, effective 12/31/2000; 40 SDR 102, effective 12/3/2013; 42 SDR 9, effective 8/2/2016

General Authority: SDCL 27B-2-26(2).

Law Implemented: SDCL 27B-2-26.