S.D. Admin. R. 67:46:05:51

Current through Register Vol. 51, page 57, November 12, 2024
Section 67:46:05:51 - Assets held in common with another person

If an asset is held by an individual in common with another person in joint tenancy, tenancy in common, or similar arrangement, the asset or the affected portion of the asset is considered to have been transferred by the individual when any action by any of the individuals listed in § 67:46:05:32.01 reduces or eliminates the individual's ownership or control of the asset.

When this occurs, the department shall establish a period of ineligibility under the provisions of this chapter.

The provisions of SDCL 43-46-1 and chapter 67:48:02 apply if an individual who has died had received medical benefits and had assets which were held in common with another person.

S.D. Admin. R. 67:46:05:51

21 SDR 162, effective 3/23/1995; 24 SDR 86, effective 1/1/1998

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.