S.D. Admin. R. 67:46:05:06.01

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

Section 67:46:05:06.01 - Disposal of assets - Look-back periods

The department shall use the following look-back periods when determining whether an asset was transferred for less than fair market value:

(1) The look-back period extends back to the date 60 months before the first date on which the individual is institutionalized and applies for long-term care assistance; and

(2) If the asset was transferred to a trust or similar legal device, the look-back period extends back to the date 60 months before the first date the individual is institutionalized and applies for long-term care assistance.

S.D. Admin. R. 67:46:05:06.01

33 SDR 44, effective 8/31/2006; 41 SDR 93, effective 12/3/2014

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Look-back period, 42 U.S.C. § 1396 p(c)(1)(B)(i).