S.D. Admin. R. 67:46:07:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:46:07:10 - Order of deductions from institutionalized spouse's income

Deductions from the income of the institutionalized spouse shall be allowed in the following order:

(1) The personal needs allowance specified in § 67:46:06:05;

(2) The spousal maintenance and excess shelter allowance specified in § 67:46:07:12;

(3) The maintenance allowance for dependents living with the community spouse as specified in § 67:46:07:13;

(4) The deduction for premiums paid on health insurance policies according to § 67:46:07:04; and

(5) Unpaid medical expenses incurred during a period which is no more than three months prior to the month of the most recent application for long term care services. The expenses must have been for necessary medical or remedial care services recognized under state law and prescribed by a physician that are not covered by Medicaid or any third party.

S.D. Admin. R. 67:46:07:10

16 SDR 203, effective 5/27/1990; transferred from § 67:16:32:10, effective 8/23/1992; 41 SDR 93, effective 12/3/2014.

General Authority: SDCL 28-6-1, 28-6-18.

Law Implemented: SDCL 28-6-1, 28-6-18.