The department may not use the private insurance of a parent of an infant or toddler with a disability to pay for Part C services unless the parent provides parental consent, consistent with this article including the use of private insurance when such use is a prerequisite for the use of public benefits or insurance.

1. (1) If Part C seeks to use the parent's private insurance or benefits to pay for the initial provision of an early intervention service in the individualized family service plan (IFSP); and
2. (2) Each time consent for services is required due to an increase in frequency, length, duration, or intensity in the provision of services in the child's IFSP.

Parental consent must be obtained:

Source: 39 SDR 109, effective December 17, 2012 ; 49 SDR 7, effective July 31, 2022 .

General Authority: SDCL 13-37-1.1 .

Law Implemented: SDCL 13-1-23 , 13-14-1 , 13-37-1.1 .

Prior versions effective: 2012-12-17.