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Department of Human Services

NOTICE OF PUBLIC HEARING TO ADOPT RULES

A public hearing will be held on Monday, May 7, 2012, at 1:30 p.m. (CDT) in the Large Conference Room at the Department of Human Services building, Hillsview Plaza, 3800 E. Highway 34, Pierre, South Dakota to consider the adoption and amendment of the following proposed rules:

              The department is proposing adoption and amendment of proposed rules relating to reviews and hearings for applicants or consumers of vocational rehabilitation services:

§46:30:01:01; §46:30:05:02, §46:30:05:05; §46:30:05:17; and the application process and hours for the attendant services:
§46:30:07:02, §46:30:07:08 and §46:30:07:11

              The effect of amending the rehabilitation rules will be to require the applicant or consumer of vocational rehabilitation services to submit a written request for an administrative review to the division within 30 days from receipt of eligibility or denial of services; clarifies that the administrative review is voluntary on the part of the applicant or consumer; clarifies that the administrative review may not be used to deny a fair hearing; requires the applicant or consumer of vocational rehabilitation services to submit a written request for a fair hearing within 30 days from receipt of eligibility or denial of services; provides the consumer an option for a fair hearing if they are dissatisfied with the outcome of the administrative review process or mediation process by submitting a written request to the division within ten days following mediation or from the date the of the receipt of notice of the results of the administrative review; requires the applicant or consumer of vocational rehabilitation services to submit a written request to the division for mediation within 30 days from receipt of eligibility or denial of services; provides an option for the consumer to request mediation if they are dissatisfied with the outcome of the administrative review process by submitting a written request to the division within ten days of the receipt of notice of the results of the administrative review.

The rehabilitation rules are being amended to update the definition section to include a reference to the Division of Rehabilitation Services, update language, to clarify and add timelines to the administrative review, fair hearing, and mediation process, and to provide options for the applicant or consumer of vocational rehabilitation services.

The effect of amending the attendant services rules will be to repeal the application process for the attendant services as this application process is no longer utilized. All individual’s seeking services in this program are referred to the assisted daily living services waiver program and current users of the program were grandfathered in resulting in no effect on individuals currently receiving services on this program or any new individuals interested in these services. The effect of amending the procedure for obtaining reimbursement from 46 to 42 hours will bring the hours available for the state attendant services program into alignment with the assisted daily living services waiver program and will have no impact on the current program participants.

The rules are being amended to update and clarify the attendant services application process and hours of attendant services to reflect current practices and to remove reference to the application process in current rule.

              Persons interested in presenting data, statements, opinions and arguments for or against the proposed rules may do so by appearing in person at the hearing or by sending them by mail to the Department of Human Services, Hillsview Plaza, E. Highway 34, c/o 500 E. Capitol, Pierre, South Dakota 57501-5070. C/o Velda Bartel, Administrative Rules Coordinator; or by email to velda.bartel@state.sd.us; or by fax at (605) 773-5483. Material sent by mail, email, or fax must reach the Department of Human Services by 5 p.m. on May 17, 2012, to be considered.

              After the hearing, the Department of Human Services will consider all written and oral comments it receives on the proposed rules. The Department may modify or amend a proposed rule at that time to include or exclude matters that are described in this notice.

              Notice is further given to individuals with disabilities that this hearing is being held in a physically accessible place. Please notify the above-mentioned office within 48 hours of the public hearing if you have special needs for which this agency will need to make arrangements.  The telephone number for making special arrangements is (605) 773-5990 or (605) 773-6412 TTY.

              The Department of Human Services, upon its own motion or at the instance of any interested persons, may thereafter adopt the above proposals substantially as set forth above without further notice.

              Copies of the proposed rules may be obtained without charge from:

Department of Human Services

Hillsview Plaza, East Hwy. 34

C/o 500 East Capitol

Pierre, South Dakota 57501-5070

Or downloaded from the SD Division of Rehabilitation Services’ website at: www.dhs.sd.gov/drs/ ; or email velda.bartel@state.sd.us for a copy.

Published at the approximate cost of $________.