The department may discontinue services for the following reasons:

1. (1) The consumer can no longer benefit from attendant services under this chapter;
2. (2) The consumer's health or safety would be jeopardized if services were continued;
3. (3) The consumer suffers from an uncontrolled infectious disease such as hepatitis and tuberculosis or a condition such as human immunodeficiency virus;
4. (4) The consumer is abusing or harassing a person delivering services or a life threatening situation exists for such a person;
5. (5) The consumer's living environment presents health and fire hazards or unsafe conditions to any person delivering services;
6. (6) the consumer submits fraudulent bills for reimbursement;
7. (7) The consumer fails to allow a person delivering services on the premises;
8. (8) The consumer or others in the household are under the influence of illegal drugs;
9. (9) The consumer becomes eligible for another attendant services program which is more economically beneficial to the state;
10. (10) Funds needed for the program under this chapter are not available;
11. (11) The consumer is determined incapable by the personal physician or fails an assessment performed by the case manager under chapter 67:54:06;
12. (12) The consumer is no longer eligible under § 46:30:07:03; or

13. (13) The consumer fails to report income and resources immediately as required by §§ 46:30:07:09 and 46:30:07:10 or reports income and resources fraudulently during the application process or the annual review.

    Cross-References:

    Procedure for obtaining reimbursement, § 46:30:07:08.

    Annual review of service plans, income, and resources, § 46:30:07:10.

Source: 23 SDR 2, effective July 18, 1996; 38 SDR 213, effective June 18, 2012.

General Authority: SDCL 28-8A-6.1.

Law Implemented: SDCL 28-8A-5.1.