The amount considered available to an individual from a Medicaid-qualifying trust is the maximum undistributed amount that may be permitted under the terms of the trust assuming the full exercise of discretion by the trustee, whether or not discretion is exercised. The maximum amount available is a resource.
S.D. Admin. R. 67:46:05:34
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
Treatment of potential payments from Medicaid qualifying trusts, 42 U.S.C. § 1396 (a)(k).