The department shall annually redetermine an individual's level of care classification assignment.

A redetermination may be made at more frequent intervals if a redetermination is warranted due to a change in the individual's mental or physical condition.

If it is determined that the individual does not need a nursing facility level of care or an intermediate level of care, the department must notify the individual and the facility, if applicable. The facility shall document this notice in the individual's record.

Cross-References:

Assistance when nursing facility unable to meet individual's need -- Individual assigned to self-care -- Payment limits, § 67:45:02:08.

Assistance when need is intermediate care for individuals with intellectual disabilities or intermediate care for the mentally disabled -- Payment limits, § 67:45:02:09.

Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 9 SDR 11, effective August 1, 1982; transferred from § 67:16:18:14, 18 SDR 67, effective October 13, 1991; 22 SDR 16, effective August 17, 1995; 23 SDR 92, effective December 10, 1996; 26 SDR 21, effective August 24, 1999; 38 SDR 123, effective January 23, 2012; 40 SDR 122, effective January 8, 2014 ; 51 SDR 13, effective August 12, 2024 .

General Authority: SDCL 28-6- 1 .

Law Implemented: SDCL 28-6-1 .

Prior versions effective: 2014-01-08.