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SOUTH DAKOTA STATUTES AND CODES

Section 58-17C-97 - Notice and issuance of decision when covered person does not requestappearance--Time for issuance of decision.

58-17C-97. Notice and issuance of decision when covered person does not request appearance--Time for issuance of decision. If the covered person or, if applicable, the covered person's authorized representative does not request the opportunity to appear in person before the review panel within the specified timeframe provided under subdivision 58-17C-93(1), the review panel shall issue a decision and notify the covered person or, if applicable, the covered person's authorized representative of the decision, as provided in § 58-17C-98, in writing or electronically, within forty-five working days after the earlier of:
(1) The date the covered person or the covered person's authorized representative notifies the health carrier of the covered person's decision not to request the opportunity to appear in person before the review panel; or
(2) The date on which the covered person's or the covered person's authorized representative's opportunity to request to appear in person before the review panel expires pursuant to subdivision 58-17C-93(1).
For purposes of calculating the time periods within which a decision is required to be made and notice provided under this section and § 58-17C-96 and this section, the time period shall begin on the date the request for additional voluntary review is filed with the health carrier in accordance with the health carrier's procedures established pursuant to § 58-17C-82 for filing a request without regard to whether all of the information necessary to make the determination accompanies the filing.

Source: SL 2003, ch 250, § 48.

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