S.D. Admin. R. 67:54:04:12

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

Section 67:54:04:12 - Determining amount of HCBS assistance

Payment for HCBS is based on the difference between the participant's income, minus allowable deductions, and the participant's monthly care costs. If the participant meets the requirements of subdivision 67:54:04:03(1), none of the participant's income is credited to the monthly care costs. If the participant meets the requirements of subdivision 67:54:04:03(2), the department applies the following criteria to determine the amount of assistance a participant is eligible to receive from the department to meet the participant's monthly care costs:

(1) Apply the provisions of chapter 67:46:06, with the exception of § 67:46:06:05;

(2) If the participant is married, apply the provisions of chapter 67:46:07, with the exception of subdivision 67:46:07:10(1);

(3) Allow a deduction equal to the supplemental security income (SSI) standard benefit amount for the participant's personal needs; and

(4) If the participant is employed, allow a deduction of $400 from gross wages.

The Department of Social Services shall pay its share of the costs directly to the provider agency. The participant is responsible for paying the participant's share directly to the provider agency.

S.D. Admin. R. 67:54:04:12

10 SDR 79, effective 2/1/1984; 13 SDR 164, effective 5/10/1987; 15 SDR 2, effective 7/17/1988; 16 SDR 203, effective 5/27/1990; transferred from

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

SSI standard benefit amount, § 67:46:04:13(2).