67:46:01:20Incapability of

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

Rulemaking activity

Article 67:15 (LIEAP), Article 67:16 (MS - Transportation) Article 67:18 (Child Support Enforcement), Article 67:42 (Family Foster Homes), Article 67:46 (Economic Assistance)Effective
Chapter 67:11:01 and Chapter 67:46 Eligibility for Medical ServicesEffective

indicating intent. The department shall consider an individual incapable of indicating intent if the individual meets one of the following: (1) The individual has been judged legally incompetent by a court; (2) A physician, psychologist, or a qualified developmental disability professional has found the individual to be incapable of indicating intent and has based this finding on medical evidence; or (3) A psychologist has determined that the individual has an IQ of 49 or less or a mental age of 7 or less and has based this determination on tests appropriate for the individual being tested.

Source: 10 SDR 39, effective November 1, 1983; transferred from § 67:16:18:04.03, effective August 23, 1992; 40 SDR 122, effective January 8, 2014; transferred from § 67:46:03:07, 41 SDR 93, effective December 3, 2014.

General Authority

SDCL 28-6-1 ↗
Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes o
Amended by HB1229 (2019) — require optional services through Medicaid to be authorized through special appr
Amended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions

Law Implemented

SDCL 28-6-1 ↗
Amended by HB1239 (2020) — require the costs of nursing homes to be rebased every five years for purposes o
Amended by HB1229 (2019) — require optional services through Medicaid to be authorized through special appr
Amended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions

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