S.D. Admin. R. 67:46:01:24

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:46:01:24 - Residency determinations - Individuals aged 21 and over residing in long term care facilities - Incapable of indicating intent before age 21

For a long-term care individual aged 21 or over who became incapable of indicating intent before age 21, the state of residence is one of the following:

(1) If the individual is neither married nor emancipated, the state of residence may be determined by one of the following:

(a) The state of residence is that of the parent's state of residence at the time of placement;

(b) The state of residence is that of the parent who files the application provided the individual is institutionalized in the parent's state of residence;

(c) If parental rights have been terminated and a legal guardian has been appointed, the state of residence is that of the guardian's state of residence at the time of placement; or

(d) If parental rights have been terminated and a legal guardian has been appointed, the state of residence is that of the guardian who files the application provided the individual is institutionalized in the guardian's state of residence;

(2) That of the person filing the application if the individual has been abandoned by the individual's parent, does not have a legal guardian, and is residing in long-term care in that state.

S.D. Admin. R. 67:46:01:24

Transferred from § 67:46:03:11, 41 SDR 93, effective 12/3/2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

State residence -- Individuals age 21 and over, 42 C.F.R. § 435.403 (i) (July 12, 2006).