Statutes, codes, and regulations
South Dakota Administrative Rules
Title 67 - Department of Social ServicesArticle 67:46 - Eligibility for medical services
Chapter 67:46:05 - Long-term care resource requirements
Section 67:46:05:18 - Temporary absence from home property

S.D. Admin. R. 67:46:05:18

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Current through Register Vol. 51, page 67, December 16, 2024
Section 67:46:05:18 - Temporary absence from home property

In order to establish temporary absence as opposed to home property abandonment, the individual must present convincing evidence at the time of application, such as a physician's statement, indicating that residence in the long-term care facility is temporary. Temporary absence must be reestablished at 12-month intervals. Home property is abandoned if the individual is unable to provide convincing evidence that the absence is temporary or that a return to the home is realistic.

S.D. Admin. R. 67:46:05:18

2 SDR 74, effective 5/13/1976; 5 SDR 109, effective 7/1/1979; 7 SDR 23, effective 9/18/1980; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 170, effective 6/21/1982; 17 SDR 187, effective 6/3/1991; transferred from

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Transfer of home property not affecting eligibility, § 67:46:05:16. Conversion of recipient's excludable resource, § 67:46:05:29. Resource limit, § 67:46:05:30.