If a provider agency terminates services to a consumer, the termination must be for cause. Specific reasons for terminating services include circumstances such as the following:

1. (1) The consumer is refusing to take prescribed medication, which is adversely affecting the consumer's ability to independently direct and manage the needed services, is a threat to the health or safety of the provider, or is interfering with the delivery of the needed services;
2. (2) The consumer is sexually harassing, verbally abusive, threatening, or is combative towards the personal attendant, case manager, or any other person involved in the delivery of services;
3. (3) The consumer's living environment presents health and fire hazards or unsafe conditions for the person delivering services and attempts to alleviate the situation have been unsuccessful;
4. (4) The consumer is not in compliance with the assessment, service plan, or other agreement needed to deliver services;
5. (5) The consumer's cognitive ability is limited to the extent that the consumer is not oriented to person, place, or time;
6. (6) The consumer's condition has improved and no longer meets program eligibility;
7. (7) The consumer refuses to allow the service provider on the premises;
8. (8) The consumer or others in the household are under the influence of alcohol or illegal drugs, which is a threat to the health or safety of the provider or is interfering with the delivery of needed services;
9. (9) The consumer is failing to pay the consumer's share of the payment as required in § 67:54:06:14; or
10. (10) The consumer is no longer able to independently direct and manage the attendant.

Source: 21 SDR 230, effective July 13, 1995; 26 SDR 99, effective January 30, 2000; 30 SDR 135, effective March 16, 2004.

General Authority: SDCL 28-6-1(1)(4).

Law Implemented: SDCL 28-6-1(1)(4).