The provider shall inform the participant in writing of the intent to reduce services and the participant's right to appeal the reduction of services to the division, ten calendar days prior to the date of the provider initiated action. This notice must be documented and can only be waived if the participant or legal representative provides to the provider a clear written statement signed by the participant or legal representative stating that the participant or the participant's legal representative agrees with the reduction of services. When reduction of services are being appealed services cannot be reduced until a decision is reached after a hearing pursuant to SDCL chapter 1-26.
S.D. Admin. R. 46:11:08:04
General Authority: SDCL 27B-2-26(3), 28-1-24.1.
Law Implemented: SDCL 27B-2-26.
Fair hearing, chapter 67:17:02.