§ 28-1-78 Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators.

SD Codified L § 28-1-78 (2019) (N/A)

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28-1-78. Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators. The department shall have a program of recoveries and fraud investigations to collect debts owed the department and to investigate allegations of fraud in all department assistance programs. Any fraud investigator for this program may:

(1) Initiate and conduct any investigation if the program has cause to believe that a fraudulent act has been committed by a recipient of assistance from department programs;

(2) Review any report or complaint of an alleged fraudulent act to determine whether such report requires further investigation and conduct such investigation;

(3) Obtain access to any record related to residence, household composition, employment, finances and resources, and medical records as authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104-199, as amended through January 1, 2005, to assist in investigation of an alleged fraudulent act and may require by administrative subpoena the production of any book, record, or other information; and

(4) Cooperate with federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of any fraudulent act where public assistance has been granted or applied for under the welfare laws of this state.Source: SL 2005, ch 146, § 1.

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§ 28-1-77 Repealed.

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§ 28-1-79 Collection action to recover debts owed department.