S.D. Admin. R. 46:11:08:05
A provider shall have a policy that addresses notice of termination services. At least thirty calendar days before a provider terminates services to a participant, the provider must provide notice of its intention to terminate services and specify the provider's reasons for the termination to:
The notice must include information regarding the availability of other services in the community and the participant's right to appeal the decision. An appeal of a termination of services may only review whether the required procedures and processes for termination of services were followed. A participant, the participant's parent, or the participant's guardian appealing a notice of termination under this section must send an appeal to the division within thirty calendar days of receipt of the notice of termination. If a termination is appealed, the participant must continue receiving services from the provider until a decision on the appeal is reached after a hearing pursuant to SDCL chapter 1-26, or for a maximum of ninety days from the date of the termination notice, whichever occurs first. This section does not prohibit a provider from continuing to provide services to a participant who has received a termination notice for longer than the required ninety days, or after an appeal, on a voluntary basis.
S.D. Admin. R. 46:11:08:05
General Authority: SDCL 27B-2-26(4).
Law Implemented: SDCL 27B-1-15, 27B-2-26.
ISP team -- Composition, § 46:11:05:01.