67 : 62 : 04 : 03 . Refusal to serve a child with a serious emotional disturbance or an adult with a serious mental illness -- Alternate provider. A center shall serve any client who meets the serious emotional disturbance or serious mental illness criteria , pursuant to § 6 7:62:11:01 or 67:62:12:01 , and the financial eligibility criteria. If a center refuses services to a client who meets these criteria, the department may reduce the contract for the center , in order to purchase necessary services from an alternat e provider.

1. (1) Provide written notice of the refusal to the department within seventy-two hours of the action;
2. (2) Offer emergency services to the client, until the client can be relocated to another service area or alternate services are arranged; and
3. (3) Arrange for appropriate mental health services for the client with another provider.

In order for a center to refuse services to any client who meets the above criteria without an impact to the center's contract, a center must:

Source: 43 SDR 80 , effective December 5, 2016; 50 SDR 63, effective November 27, 2023 .

General Authority: SDCL 27A-5-1 .

Law Implemented: SDCL 27A-3-1 , 27A-5-1 .

Prior versions effective: 2016-12-05.