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Department of Human Services

Provider initiated terminations of CHOICES waiver services (ARSD 46:11:08:05).

The effect of the amended rule will be to allow providers of CHOICES waiver services to cease providing services to participants appealing a termination notice after a decision is issued, or ninety days from the date of the termination notice, whichever is sooner; to clarify who may appeal; and to clarify what is reviewed during appeal hearings. The reason for adopting the proposed amended rule is to provide certainty to providers as to the maximum amount of time services must be provided after issuing a termination notice, balanced with participants’ rights to due process; and to provide clarity about the appeal process.

New content is added below as the draft rules move through the rule-making process.

Agency Rules Hearing

Interim Rules Hearing

Important Dates
Public Hearing:
Comment Deadline:
Interim Rules Committee Hearing:
Filed-Secretary of State:
Rule Effective:

04/30/2024
05/14/2024
06/10/2024

Agency Contact: Marilyn Hanson mail to: DHSAdminRules@state.sd.us