South Dakota Administrative Code

Rule 67:46:03:06 Transferred. 67:46:03:06. Transferred to § 67:46:01:19.

Rule 67:46:03:07 Transferred. 67:46:03:07. Transferred to § 67:46:01:20.

Rule 67:46:03:08 Transferred. 67:46:03:08. Transferred to § 67:46:01:21.

Rule 67:46:03:09 Transferred. 67:46:03:09. Transferred to § 67:46:01:22.

Rule 67:46:03:10 Transferred. 67:46:03:10. Transferred to § 67:46:01:23.

Rule 67:46:03:11 Transferred. 67:46:03:11. Transferred to § 67:46:01:24.

Rule 67:46:03:12 Transferred. 67:46:03:12. Transferred to § 67:46:01:25.

Rule 67:46:03:13 Transferred. 67:46:03:13. Transferred to § 67:46:01:26.

Rule 67:46:03:14 Transferred. 67:46:03:14. Transferred to § 67:46:01:27.

Rule 67:46:03:15 Transferred. 67:46:03:15. Transferred to § 67:46:01:28.

Rule 67:46:03:16 Repealed. 67:46:03:16. Citizenship and alienage.Repealed. Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; transferred from § 67:16:18:06, effective August 23, 1992; 20 SDR 92, effective Dec…

Rule 67:46:03:17 Repealed. 67:46:03:17. Social security numbers.Repealed. Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 12 SDR 6, effective July 28, 1985; transferred from § 67:16:18:07, effective August …

Rule 67:46:03:18 Determination of disability. 67:46:03:18. Determination of disability. The disability/incapacity consultation team shall determine disability following the guidelines for the SSI program provided in 42 U.S.C. §§ 1382c(a)(3)(A) to 1382c(a)(3)(C), inclusive, as of …

Rule 67:46:03:19 Determination of blindness. 67:46:03:19. Determination of blindness. Blindness, according to § 67:46:03:02, shall be determined by an ophthalmologist designated by the department. Based on an ophthalmologist's or optometrist's report and evaluation, the ophthalmo…

Rule 67:46:03:20 Cessation of determination of blindness. 67:46:03:20 Cessation of determination of blindness. An individual shall be ineligible for long-term care assistance when either of the following occurs: (1) The individual has applied for and has been denied social securi…

Rule 67:46:03:21 Cessation of disability. 67:46:03:21. Cessation of disability. An individual is ineligible for long-term care assistance when either of the following occurs: (1) The disability/incapacity consultation team, following §67:46:03:18, inclusive, determines that a dis…

Rule 67:46:03:22 Release of medical information. 67:46:03:22. Release of medical information. No medical information may be obtained unless the department secures the applicant's written consent. Refusal to sign an authorization for the release of this information shall make the …

Rule 67:46:03:23 Payment for examinations. 67:46:03:23. Payment for examinations. Physical examinations requested by the department for the purpose of determining an applicant's or recipient's eligibility and level of care shall be paid for by the department in accordance with §§…

Rule 67:46:03:24 Repealed. 67:46:03:24. Absence of regulations regarding conditions of eligibility. Repealed. Source: 8 SDR 170, effective June 21, 1982; transferred from § 67:16:18:15, effective August 23, 1992; repealed, 41 SDR 93, effective December 3, 2014.

Rule 67:46:04:01 Scope of chapter. 67:46:04:01. Scope of chapter. The rules contained in this chapter are used to determine if an individual is financially eligible, based on the individual's current month's income, to receive long-term care assistance or medical assistance from …

Rule 67:46:04:02 Definitions. 67:46:04:02. Definitions. Terms used in this chapter mean: (1) "Assets," the income and resources of an individual and the individual's spouse, including any income or resource which the individual or the individual's spouse is entitled to receive bu…

Rule 67:46:04:03 Items not considered income when determining eligibility for long-term care or medical assistance. 67:46:04:03. Items not considered income when determining eligibility for long-term care or medical assistance. The following are not considered income when determi…

Rule 67:46:04:04 Income from other benefit programs -- Overpayments. 67:46:04:04. Income from other benefit programs -- Overpayments. Income from other benefit programs includes amounts withheld by that program to recover overpayments made to an individual. If an applicant or rec…

Rule 67:46:04:05 Repealed. 67:46:04:05. Determining monthly gross income. Repealed. Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; transferred from § 67:16:19:02, effective August 23, 1992; repealed, 41 SD…

Rule 67:46:04:06 Income considered in month received. 67:46:04:06. Income considered in month received. The department considers income in the month received unless it is specifically excluded in § 67:46:04:03. Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effecti…

Rule 67:46:04:07 Repealed. 67:46:04:07. Irregular income totaling more than $20.Repealed. Source: 9 SDR 133, effective April 27, 1983; transferred from § 67:16:19:03.01, effective August 23, 1992; repealed, 20 SDR 92, effective December 21, 1993.

Rule 67:46:04:08 Income before application. 67:46:04:08. Income before application. Income received by the applicant before the month of initial application is not considered as income when determining eligibility for long-term care assistance or medical assistance unless the app…

Rule 67:46:04:09 Repealed. 67:46:04:09. Verification of income. Repealed. Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; transferred from § 67:16:19:06, effective August 23, 1992; repealed, 41 SDR 93, effective December 3, 2014.

Rule 67:46:04:10 Income considered. 67:46:04:10. Income considered. For purposes of determining eligibility for long-term care assistance, an individual's income is determined according to the following: (1) For an unmarried individual, the department considers only the individua…

Rule 67:46:04:11 Repealed. 67:46:04:11. Twenty dollar income disregard for eligibility.Repealed. Source: 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; transferred from § 67:16:19:07.01, effective August 23, 1992; repealed, 20 SDR 92, effective December …

Rule 67:46:04:12 Repealed. 67:46:04:12. Twenty dollar income disregard -- Exceptions.Repealed. Source: 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; transferred from § 67:16:19:07.02, effective August 23, 1992; repealed, 20 SDR 92, effective December 21…

67:46:04:13. Department to refer certain individuals to Social Security Administration to apply for supplemental security income. The department must refer an individual to the Social Security Administration to apply for supplemental security income if the individual's income min…

67:46:04:14. Ineligibility when income exceeds three hundred percent of maximum supplemental security income standard. An individual who is in a medical or nursing facility or is participating in a home and community-based waiver program is ineligible to receive assistance under …

Rule 67:46:04:15 Ineligibility when income exceeds monthly care rates for assisted living or adult foster care. 67:46:04:15. Ineligibility when income exceeds monthly care rates for assisted living or adult foster care. An individual not receiving home and community based waiver …

Rule 67:46:04:16 Income from trust. 67:46:04:16. Income from trust. The income from a trust that is considered available to the beneficiary is the maximum payment that is permitted under the terms of the trust assuming the full exercise of discretion by the trustee, whether or no…

Rule 67:46:04:17 Repealed. 67:46:04:17. Income from real property held in trust by the federal government. Repealed. Source: 20 SDR 144, effective March 10, 1994; repealed, 41 SDR 93, effective December 3, 2014.

Rule 67:46:04:18 Repealed. 67:46:04:18. Assets held in common with another person. Repealed. Source: 21 SDR 162, effective March 23, 1995; 43 SDR 31, effective September 12, 2016.

Rule 67:46:04:19 Repealed. 67:46:04:19. Assets disposed of to establish eligibility -- Ineligibility for services. Repealed. Source: 21 SDR 162, effective March 23, 1995; 43 SDR 31, effective September 12, 2016.

Rule 67:46:04:20 Absence of an income regulation. 67:46:04:20. Absence of an income regulation. In the absence of specific regulations or income requirements for long-term care assistance not otherwise defined in this article, decisions shall be based on the current SSI regulatio…

Rule 67:46:05:01 Definitions. 67:46:05:01. Definitions. Terms used in this chapter mean: (1) "Assets," the income and resources of an individual and the individual's spouse, including any income or resource which the individual or the individual's spouse is entitled to receive bu…

Rule 67:46:05:02 Value of liquid resources. 67:46:05:02. Value of liquid resources. Liquid resources, other than cash, are valued according to their equity values. Source: 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; transferred from § 67:16:20:01.01, …

Rule 67:46:05:03 Value of nonliquid resources. 67:46:05:03. Value of nonliquid resources.Nonliquid resources are valued according to their equity value, except as otherwise provided for automobiles. Source: 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective Jul…

Rule 67:46:05:04 Determining fair market value. 67:46:05:04. Determining fair market value. The fair market value of property or contractual rights to receive money must be determined by one of the following: (1) A real estate appraiser; (2) A Bureau of Indian Affairs realty offi…

Rule 67:46:05:05 Absence of a resource regulation 67:46:05:05. Absence of a resource regulation. In the absence of specific regulations or resource requirements for long-term care assistance not otherwise defined in this article, decisions shall be based on the current SSI regula…

Rule 67:46:05:06 Disposal of resources for purposes of establishing eligibility. 67:46:05:06. Disposal of resources for purposes of establishing eligibility. An individual is ineligible for long-term care services if an asset or an interest in an asset owned by the individual or …

Rule 67:46:05:06.01 Disposal of assets -- Look-back periods. 67:46:05:06.01. Disposal of assets -- Look-back periods. The department shall use the following look-back periods when determining whether an asset was transferred for less than fair market value: (1) The look-back peri…

Rule 67:46:05:07 Return of transferred resource. 67:46:05:07. Return of transferred resource. If the asset which was transferred according to § 67:46:05:06 is returned to the individual and the individual notifies the Department as required by § 67:46:02:09 and provides the Depar…

67:46:05:08. Life estate value. A life estate is considered other real property and is considered a resource to the individual applying for or receiving long-term care services or medical assistance. The value of a life estate is calculated by using the table contained in this se…

Rule 67:46:05:08.01 Life estates purchased in another individual's home. 67:46:05:08.01. Life estates purchased in another individual's home. Purchase of a life estate interest in another individual's home is considered a transfer of an asset for less than fair market value unles…

Rule 67:46:05:09 Calculating period of ineligibility. 67:46:05:09. Calculating period of ineligibility. The department shall establish a period of ineligibility for long-term care services if an asset has been disposed of for the purpose of establishing Medicaid eligibility. The …