The state of residence for individuals aged 21 and over who are not residing in a long-term care facility is one of the following:
(1) The state where the individual is living and (a) intends to reside, including without a fixed address; or(b) has entered the state with a job commitment or seeking employment, whether or not currently employed;(2) The state where the individual is living if the individual is incapable of stating intent for residency.S.D. Admin. R. 67:46:01:26
Transferred from § 67:46:03:13, 41 SDR 93, effective 12/3/2014.General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
State residence, 42 C.F.R. 435.403 (i) (July 12, 2006).