S.D. Admin. R. 67:12:02:03

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:12:02:03 - Adequate notice to recipients without timely notice

In the following situations, the department may dispense with timely notice and send an adequate notice as provided in § 67:12:02:02 no later than the date of action, which is the date when the recipient would normally receive an assistance payments check or, in the case of a Medicaid recipient, the date the intended change would be effective:

(1) The department has factual information confirming the death of a recipient or of the AFDC payee when there is no relative available to serve as new payee;

(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 recipient has been admitted or committed to an institution, and further payments to that individual do not qualify for federal financial participation under the state plan;

(4) The recipient has been placed in skilled nursing care, intermediate care, or long-term hospitalization;

(5) The claimant's whereabouts are unknown and mail from the department directed to the claimant has been returned by the post office indicating no known forwarding address. The department shall mail the claimant's check to the claimant if the whereabouts of the claimant become known during the payment period covered by a returned check;

(6) A recipient has been accepted for assistance in another state and that fact has been established by the South Dakota Department of Social Services;

(7) An AFDC child is removed from the home as a result of a judicial determination or voluntarily placed in an alternative care setting by the child's legal guardian; or

(8) The department takes action because of information the recipient furnished in a monthly report or because the recipient failed to submit a complete or timely monthly report as required by § 67:12:06:34.

S.D. Admin. R. 67:12:02:03

SL 1975, ch 16, § 1; 1 SDR 53, effective 1/22/1975; 2 SDR 88, effective 7/1/1976; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 174, effective 6/28/1982.

General Authority: SDCL 28-7-2.

Law Implemented: SDCL 28-7-9, 28-7-18.

Alternative care, ch 67:14:31.