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 January1, 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.
Structure South Dakota Codified Laws
Title 28 - Public Welfare and Assistance
Chapter 01 - State Department Of Social Services
Section 28-1-12 - Office space and equipment provided for department by county commissioners.
Section 28-1-24.1 - Procedural rules for contested cases.
Section 28-1-25 - Protective payment of assistance where recipient incapable.
Section 28-1-28 - Civil action for reimbursement from persons responsible for support.
Section 28-1-28.1 - Department acceptance and administration of private support contributions--Use.
Section 28-1-29 - Public assistance records confidential--Exceptions.
Section 28-1-31 - Adoption and child placement records remain confidential.
Section 28-1-33 - Unauthorized use of public assistance records as misdemeanor.
Section 28-1-34 - Commercial and political use of public assistance records as misdemeanor.
Section 28-1-49 - Payments to recipients of supplemental security income--Establishment program.
Section 28-1-50 - Rules for administration and operation of programs.
Section 28-1-51 - Rules for protection of confidential information.
Section 28-1-52 - Fiscal impact of department rules on local government units restricted.
Section 28-1-60 - Child care services program.
Section 28-1-61 - Adoption of rules for child care services program.
Section 28-1-65 - Child support enforcement unit--Federal money--Enforcement powers.
Section 28-1-67 - Clearing account for child support enforcement collections.
Section 28-1-68 - Confidentiality of enforcement services applications and records.
Section 28-1-79 - Collection action to recover debts owed department.
Section 28-1-80 - Confidentiality of investigative records and files of program.
Section 28-1-81 - Report to Governor and Legislature concerning program activities.
Section 28-1-82 - Unauthorized acquisition or transfer of food stamp benefits.
Section 28-1-83 - Violation of § 28-1-82 as misdemeanor or felony.