S.D. Admin. R. 67:46:04:10

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

Section 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 individual's income;

(2) For a child born in a hospital and continuously hospitalized for 30 or more consecutive days from the date of birth, the department considers only the income available to the child during this confinement. The parent's or stepparent's income is not considered;

(3) For a child who does not meet the criteria contained in subdivision (2) of this section, the department considers the parent's or stepparent's income available to the child in the calendar month of entry to a hospital, nursing facility, or intermediate care facility. After the calendar month of entry, the department considers only the income of the parent or stepparent that is actually contributed to the child;

(4) For a married couple, if one spouse enters a hospital, nursing facility, or intermediate care facility and is not expected to remain in the facility for 30 consecutive days, the department considers the couple's combined income available to each other. If the spouse's stay exceeds 29 days, the requirements of chapter 67:46:07 apply;

(5) For a married couple of which only one spouse participates in either an HCBS or HCBWS program but is not expected to receive services for 30 consecutive days, the department considers the couple's combined income available to each other. If the spouse's participation in HCBS or HCBWS exceeds 29 days, the requirements of chapter 67:46:07 apply;

(6) For a married couple, if both spouses enter a long-term care facility during the same calendar month, the department considers the couple's combined income available to each other and shared equally in the calendar month of entry regardless of room occupancy. After the calendar month of entry, the department treats the couple as separate individuals and considers only that income which is actually available to the individual; and

(7) For a married couple living together during the calendar month that one spouse enters assisted living or adult foster care, the department considers the couple's combined income available to each other in the calendar month of entry. After the calendar month of entry, the department considers only that income which is available to the spouse in assisted living or adult foster care. If the spouse is entering an assisted living facility and is receiving benefits through HCBS or HCBWS, the provisions of subsection (5) apply.

S.D. Admin. R. 67:46:04:10

2 SDR 74, effective 5/13/1976; 4 SDR 10, effective 8/28/1977; 5 SDR 109, effective 7/1/1979; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 170, effective 7/21/1982; 9 SDR 133, effective 4/27/1983; 11 SDR 34, effective 9/6/1984; 12 SDR 153, effective 3/23/1986; transferred from

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Financial responsibility of relatives and other individuals, 42 C.F.R. § 435.602. Spousal impoverishment, ch 67:46:07.