S.D. Admin. R. 67:46:03:03

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:46:03:03 - Long-term care residency requirement and beginning of eligibility

The department shall approve long-term care assistance or medical services for an eligible individual if the individual is participating in a home and community-based service program or resides in one of the following facilities:

(1) A licensed hospital, nursing facility, intermediate care facility, or assisted living facility that has a Medicaid provider agreement with the department for the level of care and services provided; or

(2) An adult foster care facility licensed by the South Dakota Department of Health.

If an eligible individual's income minus $20 is less than the SSI standard, long-term care assistance or medical assistance begins in the month the person enters the facility, subject to § 67:46:01:03.

If an eligible individual's income minus $20 is greater than the SSI standard but does not exceed 300 percent of the SSI standard, long-term care assistance or medical assistance begins the first day of a 30-consecutive-day period of institutionalization, subject to § 67:46:01:03. The 30-consecutive-day period is met if the requirements of this rule are met and the individual dies before the 30^th consecutive day.

S.D. Admin. R. 67:46:03:03

2 SDR 74, effective 5/13/1976; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 170, effective 6/21/1982; 10 SDR 79, effective 2/1/1984; 15 SDR 2, effective 7/17/1988; transferred from

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Home and community-based services, ch 67:54:04. Home and community-based waiver services, ch 67:44:03. SSI standard benefit amount, subdivision 67:46:04:13(2).