South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:46 - Eligibility for medical services › Chapter 67:46:05 - Long-term care resource requirements › Section 67:46:05:42 - Resources considered

Current through Register Vol. 51, page 10, July 15, 2024
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.
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.