67 : 61 : 02 : 10 . Reasons for placing an agency on probation. The department may place an agency on probation if the department determines :
- (1) The agency is in compliance with less than seventy percent of the requirements of this article and SDCL chapter 34-20A;
- (2) The agency failed to follow through with the plan of correction to address the areas of noncompliance noted by the department in the accreditation report;
- (3) The agency has serious infractions of this article that affect the overall continuity of care or safety of clients;
- (4) The agency falsified information provided to the department for accreditation or funding purposes;
- (5) The agency participated in, condoned, or permitted illegal acts;
- (6) The agency participated in, condoned, or permitted fraud, deceit, or coercion;
- (7) The agency failed to comply with licensing and other standards that are required by federal or state laws, rules, or regulations; state and federal confidentiality laws; and this article; and the noncompliance results in practices that are detrimental to the welfare of a client; or
- (8) The agency refused to allow the department access for a comprehensive survey, a complaint review, or any necessary follow-up review.
Source: 43 SDR 80 , effective December 5, 2016; 50 SDR 63, effective November 27, 2023 .
General Authority: SDCL 1-36-25 , 34-20A-27 .
Law Implemented: SDCL 34-20A-27 .
Prior versions effective: 2016-12-05.