The State Mental Health Authority, State Intellectual Disability Authority, or both when applicable, shall issue a written notification of the Level II review determination. The notification must include:

1. (1) Whether a Medicaid nursing facility level of services is needed;
2. (2) Whether specialized services are needed;
3. (3) The placement options available to the individual that are consistent with the review determination;
4. (4) The appeal rights of the individual; and

5. (5) The evaluation report.

   A copy of the Level II determination notification must be sent to the individual, the appropriate state authorities, the admitting or retaining nursing facility, and the discharging hospital, if applicable. A copy of the Level II determination notification must also be sent to the individual's attending physician, or made available for review at the facility.

Source: 52 SDR 41, effective October 27, 2025 .

General Authority: SDCL 1-36-25 .

Law Implemented: SDCL 28-6-1 .