S.D. Admin. R. 67:46:05:42

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

Section 67:46:05:42 - Resources considered

For purposes of determining eligibility for long-term care services or medical assistance, the department considers resources according to the following:

(1) For an unmarried individual, the department considers only the individual's resources;

(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 resources available to the child during this confinement. The parent's or stepparent's resources are 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 resources available to the child in the calendar month of entry to the hospital, nursing facility, or intermediate care facility. After the calendar month of entry, the department considers only the resources of the parent or stepparent that are actually contributed to the child;

(4) For a married individual who entered a hospital, nursing facility, or intermediate care facility before September 30, 1989, and who since September 30, 1989, has not had 30 consecutive days out of the facility, the department considers only those resources owned by the applicant;

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

(6) 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 resources available to each other. If the spouse's participation in HCBS or HCBWS exceeds 29 days, the requirements of chapter 67:46:07 apply;

(7) For a married couple living together during the calendar month that one spouse enters into assisted living or adult foster care, the department considers the couple's combined resources available to each other in the calendar month of entry. After the calendar month of entry, the department considers only those resources owned by the applicant. If the spouse is entering an assisted living facility and is receiving HCBS or HCBWS, the provisions of subdivision (5) apply; and

(8) For a married couple of which both spouses enter a nursing facility during the same calendar month, the department considers the couple's combined resources available to each other for the calendar month of entry. After the calendar month of entry, their resources are considered separately regardless of room occupancy.

S.D. Admin. R. 67:46:05:42

8 SDR 170, effective 6/21/1982; 9 SDR 133, effective 4/27/1983; 11 SDR 34, effective 9/6/1984; 12 SDR 153, effective 3/23/1986; 17 SDR 187, effective 6/3/1991; transferred from § 67:16:20:27, effective 8/23/1992; 20 SDR 92, effective 12/21/1993; 20 SDR 170, effective 4/21/1994; 30 SDR 193, effective 6/13/2004; 41 SDR 93, effective 12/3/2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Resource limit, § 67:46:05:30. Community spouses, ch 67:46:07. Definition of HCBS, § 67:54:04:01. Definition of HCBWS, § 67:44:03:01.