S.D. Admin. R. 46:30:07:11

Current through Register Vol. 51, page 34, September 9, 2024

Section 46:30:07:11 - Discontinuance of attendant services

The department may discontinue services for the following reasons:

(1) The consumer can no longer benefit from attendant services under this chapter;

(2) The consumer's health or safety would be jeopardized if services were continued;

(3) The consumer suffers from an uncontrolled infectious disease such as hepatitis and tuberculosis or a condition such as human immunodeficiency virus;

(4) The consumer is abusing or harassing a person delivering services or a life threatening situation exists for such a person;

(5) The consumer's living environment presents health and fire hazards or unsafe conditions to any person delivering services;

(6) the consumer submits fraudulent bills for reimbursement;

(7) The consumer fails to allow a person delivering services on the premises;

(8) The consumer or others in the household are under the influence of illegal drugs;

(9) The consumer becomes eligible for another attendant services program which is more economically beneficial to the state;

(10) Funds needed for the program under this chapter are not available;

(11) The consumer is determined incapable by the personal physician or fails an assessment performed by the case manager under chapter 67:54:06;

(12) The consumer is no longer eligible under § 46:30:07:03; or

(13) The consumer fails to report income and resources immediately as required by §§ 46:30:07:09 and 46:30:07:10 or reports income and resources fraudulently during the application process or the annual review.

S.D. Admin. R. 46:30:07:11

23 SDR 2, effective 7/18/1996; 38 SDR 213, effective 6/18/2012.

General Authority: SDCL 28-8A-6.1.

Law Implemented: SDCL 28-8A-5.1.

Procedure for obtaining reimbursement, § 46:30:07:08. Annual review of service plans, income, and resources, § 46:30:07:10.