S.D. Admin. R. 67:46:05:17

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

Section 67:46:05:17 - Transfer of property not affecting eligibility

A transfer of a resource does not affect eligibility for long-term care services when the transfer is to a son or daughter meeting the definition of blind or disabled according to §§ 67:46:03:02, 67:46:03:18, and 67:46:03:19 or when the transfer is from one spouse to another or to another person for the sole benefit of the spouse.

A transfer after August 10, 1993, does not affect eligibility for long-term care services when the transfer is to a trust established solely for the benefit of one of the following:

(1) A son or daughter who meets the definition of disabled or blind according to §§ 67:46:03:02, 67:46:03:18, and 67:46:03:19;

(2) An individual under age 65 who meets the definition of disabled according to § 67:46:03:18; or

(3) An individual who has a Medicaid income trust and the amount placed into the trust does not exceed amounts necessary to pay the monthly nursing facility rate.

S.D. Admin. R. 67:46:05:17

16 SDR 203, effective 5/27/1990; transferred from

General Authority: SDCL 28-6-1, 28-6-3.1.

Law Implemented: SDCL 28-6-1, 28-6-3.1.

Medicaid income trust, § 67:46:05:33.01.