South Dakota Administrative Code

Rule 67:46:05:09.01 Repealed. 67:46:05:09.01. Ineligibility when assets transferred before July 1, 1994.Repealed. Source: 21 SDR 162, effective March 23, 1995; repealed, 30 SDR 193, effective June 13, 2004.

Rule 67:46:05:09.02 Ineligibility if assets transferred. 67:46:05:09.02. Ineligibility if assets transferred. If an asset is disposed of for the purpose of establishing Medicaid eligibility and the asset was disposed of for less than fair market value within the look-back periods…

Rule 67:46:05:09.03 Repealed. 67:46:05:09.03. Assets disposed of to establish eligibility -- Ineligibility for services. Repealed. Source: 21 SDR 162, effective March 23, 1995; 41 SDR 93, effective December 3, 2014; 46 SDR 50, effective October 10, 2019.

Rule 67:46:05:10 Period of ineligibility waived under certain circumstances.` 67:46:05:10. Period of ineligibility waived under certain circumstances. The department may waive the period of ineligibility specified in §§ 67:46:05:09 and 67:46:05:15 if: (1) The individual or someon…

Rule 67:46:05:11 Rebuttal of intent to transfer. 67:46:05:11. Rebuttal of intent to transfer. Intent to transfer a resource for purposes of establishing eligibility for services under this article may be rebutted. The individual or the individual's spouse must be able to show tha…

Rule 67:46:05:12 Compensation for resource. 67:46:05:12. Compensation for resource. The compensation for a resource includes all money, real or personal property, food, shelter, or services received by the individual or eligible spouse at or after the time of transfer in exchange…

Rule 67:46:05:13 Repealed. 67:46:05:13. Availability of income and resources. Repealed. Source: 2 SDR 74, effective May 13, 1976; 7 SDR 23, effective September 18, 1980; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 17 SDR 187, effective June 3, …

Rule 67:46:05:14 Repealed. 67:46:05:14. Classification of real property. Repealed.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effective July 1, 1981; 8 SDR 170, effective June 21, 1982; transferred from § 67:16:20:04, effective August 23, 1992; repealed, 41 SDR…

67:46:05:15. Home property exclusion. If an individual's eligibility for long-term care assistance is based on an application that was received by the department before January 1, 2006, the individual's home property is excluded from assets, if the property continues to be the in…

Rule 67:46:05:16 Transfer of home property not affecting eligibility. 67:46:05:16. Transfer of home property not affecting eligibility. A transfer of home property by an applicant for or recipient of long-term care services does not affect eligibility when the transfer is to one …

Rule 67:46:05:17 Transfer of property not affecting eligibility. 67:46:05:17. Transfer of property not affecting eligibility. A transfer of a resource does not affect eligibility for long-term care services when the transfer is to a son or daughter meeting the definition of blind…

Rule 67:46:05:18 Temporary absence from home property. 67:46:05:18. Temporary absence from home property. In order to establish temporary absence as opposed to home property abandonment, the individual must present convincing evidence at the time of application, such as a physici…

Rule 67:46:05:19 Home property abandonment. 67:46:05:19. Home property abandonment. Home property is considered a nonliquid resource to the individual when it no longer can be excluded under § 67:46:05:15 or 67:46:05:18. Admission of the individual into a long-term care facility …

Rule 67:46:05:20 Real property held in trust. 67:46:05:20. Real property held in trust. Real property held in trust is not considered a resource for long-term care assistance if the applicant or recipient has restricted access to the principal, which includes required approval of…

Rule 67:46:05:21 Nonbusiness income-producing property. 67:46:05:21. Nonbusiness income-producing property. Income-producing real or personal property is excluded as a resource if it meets the following requirements: (1) It is essential to self-support; (2) The individual's equit…

Rule 67:46:05:22 Nonbusiness property used to produce goods or services. 67:46:05:22. Nonbusiness property used to produce goods or services. Personal property such as equipment and tools which is essential for the individual's daily activities for self-support is excluded from r…

Rule 67:46:05:23 Property representing governmental authority. 67:46:05:23. Property representing governmental authority. Property essential to self-support which represents the authority granted by a government agency to engage in an income-producing activity, such as a special …

Rule 67:46:05:24 Trade or business property. 67:46:05:24. Trade or business property. Real or personal property essential for self-support is excluded from resources if it is used for the individual's trade, business, or employment. If the property is normally used for these purp…

Rule 67:46:05:25 Repealed. 67:46:05:25. Property not considered essential to self-support.Repealed. Source: 17 SDR 187, effective June 3, 1991; transferred from § 67:16:20:13.04, effective August 23, 1992; 21 SDR 162, effective March 23, 1995; repealed, 30 SDR 193, effective June…

Rule 67:46:05:26 Other property. 67:46:05:26. Other property. Real or personal property owned by the applicant or recipient which produces no income or is not excluded in this chapter shall be considered a resource according to its equity value. Source: 2 SDR 74, effective May 13…

Rule 67:46:05:27 Conversion or sale of recipient's resource. 67:46:05:27. Conversion or sale of recipient's resource. The conversion or sale of a recipient's resource may not be considered as income. The changed resource, whether liquid or nonliquid in nature, is a resource subje…

Rule 67:46:05:28 Sale price paid in installments. 67:46:05:28. Sale price paid in installments. If an individual is entitled to receive installment payments for property that was sold, the current balance of the unpaid principal is considered a resource for eligibility purposes. …

Rule 67:46:05:29 Conversion of recipient's excludable resource. 67:46:05:29. Conversion of recipient's excludable resource. An excludable resource which is converted to a nonexcludable resource is considered in the resource limit the first day of the month following the conversio…

Rule 67:46:05:30 Resource limit. 67:46:05:30. Resource limit. The resource limit, including both liquid and nonliquid resources, for long-term care assistance is $2,000 for an individual and $3,000 for an individual with a spouse if both spouses begin receiving long-term care ser…

Rule 67:46:05:31 Personal property excluded from resources. 67:46:05:31. Personal property excluded from resources. The following items shall be excluded when determining the value of resources: (1) One automobile is excluded regardless of its value if it is used for necessary tr…

Rule 67:46:05:32 Trust considered a resource. 67:46:05:32. Trust considered a resource. If the individual, the individual's spouse, or someone, including a court or administrative body, authorized to act on behalf of the individual or the individual's spouse has the legal power t…

Rule 67:46:05:32.01 Establishment of trust. 67:46:05:32.01. Establishment of trust. The department considers that an individual has established a trust or similar legal device if assets of the individual were used to form all or part of the corpus of the trust and if the trust wa…

Rule 67:46:05:32.02 Consideration of revocable and irrevocable trusts. 67:46:05:32.02. Consideration of revocable and irrevocable trusts. A trust or similar legal device established under the provisions of § 67:46:05:32.01 is subject to this section regardless of the purpose for …

Rule 67:46:05:32.03 Trusts excepted from consideration as a resource. 67:46:05:32.03. Trusts excepted from consideration as a resource. Except for payments from the trust to the beneficiary or for the benefit of the beneficiary, § 67:46:05:32.02 does not apply to any of the follo…

Rule 67:46:05:32.04 Trust waived under certain circumstances. 67:46:05:32.04. Trust waived under certain circumstances. If an individual is determined ineligible because of a trust, the department may waive its consideration of the trust as an available resource if the individual…

Rule 67:46:05:32.05 Trustee required to provide annual accounting. 67:46:05:32.05. Trustee required to provide annual accounting. The trustee must provide the department with an annual accounting of the trust’s financial transactions. Failure to provide the accounting may result …

Rule 67:46:05:33 Medicaid-qualifying trust. 67:46:05:33. Medicaid-qualifying trust. A Medicaid-qualifying trust is a nontestamentary trust or a similar legal device established before August 11, 1993, by the individual or the individual's spouse or by someone acting on the indivi…

Rule 67:46:05:33.01 Medicaid income trust. 67:46:05:33.01. Medicaid income trust. A Medicaid income trust is a nontestamentary trust or a similar legal device established after August 10, 1993, for the sole benefit of the beneficiary. A Medicaid income trust must meet the followi…

Rule 67:46:05:34 Resource available under Medicaid-qualifying trust. 67:46:05:34. Resource available under Medicaid-qualifying trust. The amount considered available to an individual from a Medicaid-qualifying trust is the maximum undistributed amount that may be permitted under …

Rule 67:46:05:35 Bank accounts. 67:46:05:35. Bank accounts. Deposits in a bank, savings and loan, or similar institution are considered liquid resources whether they are in the form of a checking or savings account or a certificate of deposit. Deposits held in joint accounts are …

Rule 67:46:05:36 Savings bonds. 67:46:05:36. Savings bonds. Savings bonds are considered a liquid asset to the extent of their current value. Bonds held in co-ownership with another person are deemed available to the applicant or recipient when the applicant or recipient is the a…

Rule 67:46:05:37 Life insurance. 67:46:05:37. Life insurance. The department shall exclude a life insurance policy if an individual owns the policy and the policy has a face value of $1,500 or less. If the face value of the policy exceeds $1,500 the cash surrender value is consid…

Rule 67:46:05:38 Stocks, notes, loans, and mortgages. 67:46:05:38. Stocks, notes, loans, and mortgages. The department shall include as a resource and subject to the limits of § 67:46:05:30, stocks, mutual fund shares, promissory notes, mortgages, loans, or municipal, corporate, …

Rule 67:46:05:39 Irrevocable prepaid burial contracts. 67:46:05:39. Irrevocable prepaid burial contracts. Irrevocable prepaid burial contracts between an applicant or recipient and another person for the purpose of defraying burial expenses shall be excluded as a resource. Source…

Rule 67:46:05:40 Income not spent in month received. 67:46:05:40. Income not spent in month received. Income received during a month that is not spent but is actually saved becomes a resource in the following month. Source: 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective…

Rule 67:46:05:41 Distinguishing resources from income. 67:46:05:41. Distinguishing resources from income. Resources are those assets an individual or couple already has at the beginning of a month or at the time of application which are not counted as income for that month. Incom…

Rule 67:46:05:42 Resource considered. 67:46:05:42. Resources considered. For purposes of determining eligibility for long-term care services or medical assistance, the department considers resources according to the following: (1) For an unmarried individual, the department consi…

Rule 67:46:05:43 Time of resource eligibility determination. 67:46:05:43. Time of resource eligibility determination. An applicant's resource eligibility is determined as of 12:01 a.m. on the first day of the month of application. A recipient's resource eligibility is redetermine…

Rule 67:46:05:44 Burial spaces excluded from resources. 67:46:05:44. Burial spaces excluded from resources. Burial spaces owned by the applicant or recipient are excluded from resources if intended for use by any of the following individuals: (1) The applicant or recipient and th…

Rule 67:46:05:45 Separate burial funds excluded from resources. 67:46:05:45. Separate burial funds excluded from resources. Funds up to $1,500 each for the applicant or recipient and the applicant's or recipient's spouse may be separately set aside for burial and excluded from th…

Rule 67:46:05:46 Increase in value of excluded burial funds. 67:46:05:46. Increase in value of excluded burial funds. An increase in the value of excluded burial funds due to interest which was left to accumulate and become a part of a separately identifiable burial fund is exclu…

Rule 67:46:05:47 Reductions to separate burial funds. 67:46:05:47. Reductions to separate burial funds. The $1,500 amount for separate burial funds allowed by § 67:46:05:45 shall be reduced by the equity value of an irrevocable burial trust, contract, or other irrevocable arrange…

Rule 67:46:05:48 Repealed. 67:46:05:48. Pension funds. Repealed. Source: 15 SDR 2, effective July 17, 1988; transferred from § 67:16:20:33, effective August 23, 1992; repealed, 41 SDR 93, effective December 3, 2014.

Rule 67:46:05:49 Retroactive SSI and retroactive retirement, survivors, and disability income payments. 67:46:05:49. Retroactive SSI and retroactive retirement, survivors, and disability income payments. Retroactive SSI payments and retroactive retirement, survivors, and disabili…

Rule 67:46:05:50 Exclusion of agent orange settlement payments. 67:46:05:50. Exclusion of agent orange settlement payments. Payments received pursuant to the agent orange product liability settlement are excluded from resources. Source: 17 SDR 187, effective June 3, 1991; transfe…