S.D. Admin. R. 67:46:08:03

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

Section 67:46:08:03 - Suspension of timely notice and the application of adequate notice

The department may dispense with timely notice as provided in § 67:46:08:01 and mail adequate notice to a recipient of long-term care assistance no later than the effective date of the intended change in any of the following situations:

(1) The department has factual information confirming the death of a recipient;

(2) The department receives a clear written statement signed by a recipient that the recipient no longer wishes assistance or that gives information which requires termination or reduction of assistance, and the recipient has indicated, in writing, that the recipient understands that this is the consequence of supplying such information;

(3) The change requires an adjustment to the budget and has no impact on the recipient's eligibility for benefits;

(4) The recipient's whereabouts are unknown and mail from the department directed to the recipient has been returned by the post office or facility indicating no known forwarding address;

(5) The recipient has been accepted for assistance in a nursing home in a different state and that fact has been established by the department;

(6) A decision is made by the medical review team indicating a change in the level of care required by the recipient;

(7) The recipient has been admitted to an institution where the recipient is ineligible for further services; and

(8) SSI eligibility terminates.

S.D. Admin. R. 67:46:08:03

2 SDR 74, effective 5/13/1976; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 170, effective 6/21/1982; transferred from

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.