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:

1. (1) The division;
2. (2) The participant, with accommodations made for a participant who has difficulty communicating;
3. (3) The participant's parents if the participant is under eighteen years of age, or the participant's guardian, if applicable; and

4. (4) The participant's individualized service plan team.

   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.

Source: 40 SDR 102, effective December 3, 2013 ; 43 SDR 9, effective August 2, 2016 ; 44 SDR 65, effective October 16, 2017 ; 50 SDR 157, effective June 30, 2024 .

General Authority: SDCL 27B-2-26 (4).

Law Implemented: SDCL 27B-1-15 , 27B-2-26 .

Prior versions effective: 2017-10-16, 2016-08-02, 2013-12-03.