South Dakota Administrative Code

67:16:50:16. Determination may not be countermanded. The State Medicaid Authority may not countermand a Level II determination made by the State Mental Health Authority or State Intellectual Disability Authority either in the claims process or through other utilization control or…

67:16:50:17. Length of stay. For the purpose of establishing length of stay in a medicaid-certified nursing facility, thirty months of continuous residence in a medicaid-certified nursing facility may include temporary absences for hospitalization or therapeutic leave, and may co…

67:16:50:18. Individual not requiring nursing facility services but requiring specialized services for preadmission screening and resident review condition -- Thirty-month determination. If an individual has resided in a medicaid-certified nursing facility prior to a determinatio…

67:16:50:19. Significant change. If a significant change occurs for an individual known or suspected to have a preadmission screening and resident review condition, the medicaid-certified nursing facility must initiate a new preadmission screening and resident review utilizing th…

67:16:50:20. New admission and readmission. An individual admitted to any medicaid-certified nursing facility for the first time, who is not being readmitted, is subject to preadmission screening and resident review. A readmission occurs when an individual is readmitted to a medi…

67:16:50:21. Interfacility transfer. A preadmission screening and resident review is not required for an interfacility transfer. The transferring nursing facility is responsible for ensuring that copies of the individual's preadmission screening and resident review accompany the …

67:16:50:22. Out-of-state placement. The appropriate authority of the state in which an individual is a resident, or would be a resident at the time medicaid eligibility is obtained, if not this state, shall make the required preadmission screening and resident review determinati…

67:16:50:23. Fair hearing. An individual, or the individual's legal representative, may request a hearing by notifying the department, orally or in writing, within thirty days of receiving the department's determination. Hearings are conducted under the provisions of chapter 67:1…

Rule 67:17:02:01 Right to hearing. 67:17:02:01. Right to hearing. An individual or entity that is aggrieved by the department's action or inaction taken under the provisions of ARSD Title 67 may request a hearing. A hearing is conducted under the provisions of this chapter and SD…

Rule 67:17:02:02 Right to be informed of hearing process. 67:17:02:02. Right to be informed of hearing process. The department shall inform each applicant and recipient of the right to request a hearing. The department shall print this information on all applications for public a…

67:17:02:03. Hearing requests. To appeal a Department of Social Services action or inaction regarding the supplemental nutrition assistance program or medical assistance program, an individual, or the individual's representative, shall submit a written or oral request for an appe…

67:17:02:04. Time limits for requesting hearing. An individual, the individual's representative, or an entity shall request a hearing within one of the following applicable time limits: (1) Ten days after a nursing facility receives the department's final decision on an issue rel…

Rule 67:17:02:04.01 Repealed. 67:17:02:04.01. Hearing on notice of support debt.Repealed. Source: 13 SDR 34, effective September 29, 1986; repealed, 16 SDR 119, effective January 23, 1990.

Rule 67:17:02:04.02 Repealed. 67:17:02:04.02. Hearing on modification of child support obligation.Repealed. Source: 13 SDR 34, effective September 29, 1986; repealed, 16 SDR 119, effective January 23, 1990.

Rule 67:17:02:05 Repealed. 67:17:02:05. Worker may assist in preparation of request for hearing.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:05, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:06 Transferred. 67:17:02:06. Transferred to § 67:12:02:09.

Rule 67:17:02:07 Transferred. 67:17:02:07. Transferred to § 67:12:02:10.

Rule 67:17:02:08 Repealed. 67:17:02:08. Duties of secretary.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:08, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:09 Repealed. 67:17:02:09. Duties of hearing examiner.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:09, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:10 Repealed. 67:17:02:10. Group hearings.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:10, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 23 SDR 192, effective May 22, 1997.

Rule 67:17:02:11 Time and place of hearing. 67:17:02:11. Time and place of hearing. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:11, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 17 SDR 50, effective October 7, 1990; repeale…

67:17:02:11.01. Hearings conducted by electronic means. The hearing examiner may hold a hearing by telephone conference or by electronic or digital means. For telephonic, electronic, or digital hearings, other than hearings for suspected intentional program violations, all partie…

Rule 67:17:02:12 Written notice of hearing. 67:17:02:12. Written notice of hearing. Unless waived by all parties, at least 10 days before the hearing the department shall send a written notice of the hearing to the parties involved in the action. In addition to the information re…

67:17:02:13. Dismissal. The hearing examiner may dismiss an appeal under any of the following circumstances: (1) The appellant indicates in writing or verbally that the appellant wishes to withdraw the appeal. A verbal request to withdraw a medical assistance appeal must be recor…

Rule 67:17:02:14 Abandonment of hearing. 67:17:02:14. Default. An appellant is considered to be in default if one of the following circumstances exists: (1) The appellant failed to appear at the hearing, did not request an exemption for appearing at the hearing at least 10 days b…

Rule 67:17:02:15 Appellant improperly influenced to withdraw or abandon fair hearing. 67:17:02:15. Appellant improperly influenced to withdraw or abandon fair hearing. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:15, 2 SDR 71, effective April 29, 1976; 7 SDR…

Rule 67:17:02:16 Informal adjustment procedure. 67:17:02:16. Informal resolution. Any time before a final decision is entered, the department may take action to resolve the case. If the appellant is not represented by an attorney, the department may contact the appellant directly…

Rule 67:17:02:17 Who may attend the hearing. 67:17:02:17. Who may attend the hearing. Hearings may be attended only by the department and the appellant and persons whom the appellant may wish to have represent or assist the appellant. If the hearing involves a corporation, its at…

Rule 67:17:02:18 Hearing examiner to arrange for recorded testimony. 67:17:02:18. Hearing examiner to arrange for recorded testimony. The hearing examiner shall arrange for the testimony to be recorded under the hearing examiner's supervision. If no written transcript is prepared…

Rule 67:17:02:19 Repealed. 67:17:02:19. Testimony may be agreed to in writing by the parties to the hearing.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:19, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:20 Repealed. 67:17:02:20. Preliminary statement at hearing by hearing examiner.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:20, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:21 Repealed. 67:17:02:21. Hearing conducted informally.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:21, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:22 Repealed. 67:17:02:22. Rights of appellant or his representative and department representatives in defense.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:22, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; repealed, 7…

Rule 67:17:02:23 When hearing involves medical issues. 67:17:02:23. When hearing involves medical issues. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:23, 2 SDR 71, effective April 29, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; repealed, 35 SDR 166, e…

Rule 67:17:02:24 Repealed. 67:17:02:24. When the hearing shall be closed.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:24, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:25 Repealed. 67:17:02:25. Adjournment of hearing.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:25, 2 SDR 71, effective April 29, 1976; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:17:02:26 Repealed. 67:17:02:26. Decision.Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:26, 2 SDR 71, effective April 29, 1976; 6 SDR 66, effective January 10, 1980; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

67:17:02:27. Final decision by secretary. Based on the transcript or recording of testimony, the exhibits, and the proposed decision of the hearing examiner, the secretary or a designee shall enter a final decision accepting, rejecting, or modifying the proposed decision. If the …

Rule 67:17:02:28 Notice of decision. 67:17:02:28. Notice of decision. Repealed. Source: SL 1975, ch 16, § 1; transferred from § 67:12:03:28, 2 SDR 71, effective April 29, 1976; 3 SDR 26, effective October 6, 1976; 6 SDR 66, effective January 10, 1980; 7 SDR 66, 7 SDR 89, effectiv…

Rule 67:17:02:29 Transferred. 67:17:02:29. Transferred to § 67:12:02:11.

Rule 67:17:02:30 Transferred. 67:17:02:30. Transferred to § 67:12:02:12.

Rule 67:18:01:01 Definitions. 67:18:01:01. Definitions. Terms used in this article mean: (1) "Act" Title IV-D of the Social Security Act; (2) "Aid," or "assistance," the grant amount paid to a family under the TANF program, the foster care maintenance payment paid under Title IV-…

Rule 67:18:01:02 Administration -- Income withholding services. 67:18:01:02. Administration -- Income withholding services. DCS administers the state child support enforcement plan throughout the state. In addition, the department is the agency designated to issue income withhold…

Rule 67:18:01:03 Repealed. 67:18:01:03. Structure of OCSE.Repealed. Source: 2 SDR 31, effective October 30, 1975; repealed, 7 SDR 66, 7 SDR 89, effective July 1, 1981.

Rule 67:18:01:04 General authority of DCS. 67:18:01:04. General authority of DCS. The general authority of DCS is as follows: (1) If an assignment is effective for a child born out of wedlock, DCS shall establish the paternity of the child; (2) If an assignment is effective for a…

Rule 67:18:01:05 Specific authority of DCS. 67:18:01:05. Specific authority of DCS. DCS may: (1) Enter into cooperative agreements with any other state or local agency or official to perform functions under this article; (2) Purchase services from any attorney, person, or private…

Rule 67:18:01:06 Repealed. 67:18:01:06. State succeeds to support obligations. Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 13 SDR 89, effective January 19, 1987; 24 SDR 72, effective Novemb…

Rule 67:18:01:07 Repealed. 67:18:01:07. Discharge of the support obligation. Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 177, effective July 8, 1982; 13 SDR 89, effective January 19, …

Rule 67:18:01:08 Repealed. 67:18:01:08. Amount of support obligation. Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; 13 SDR 89, effective January 19, 1987…

Rule 67:18:01:09 Repealed. 67:18:01:09. Breach of written agreement.Repealed. Source: 2 SDR 31, effective October 30, 1975; 4 SDR 84, effective June 11, 1978; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 43, effective October 10, 1982; repealed, 13 SDR 89, effective January …