S.D. Admin. R. 74:32:01:03
If the director determines there are not sufficient moneys to fully pay all claims payable and to maintain a cash balance of at least $100,000 for any week, the director shall prorate all claims determined to be payable for that week on a dollar-for-dollar basis so that each reimbursement claim is reduced by the same percentage. The percentage of reduction shall equal the amount the shortfall in the fund (fund balance less $100,000 less claims to be paid for the week) represents to the total amount of claims determined to be payable for the week. The director shall notify each responsible person of the amount yet to be paid and the estimated date of payment. If deferring payment of all claims approved for payment in any given week would, in the judgment of the director, result in full payment to the covered parties not later than 60 days after all affected covered parties would have received full payment through proration of their claims as provided by this section, the director may withhold all payment on all claims determined to be payable for that week until the cash balance is sufficient to pay the entire amount approved on any given week. Unpaid amounts from prior weeks deferred or prorated under this section, in the order they were determined payable by the director, shall receive priority over unpaid amounts from subsequent weeks and claims subsequently determined to be payable.
S.D. Admin. R. 74:32:01:03
General Authority: SDCL 34A-13-13, 34A-13-16, 34A-13-40, 34A-13-42.
Law Implemented: SDCL 34A-13-42.