67:46:01:25Residency

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

determinations -- Individuals aged 21 and over residing in long-term care facilities -- Incapable of indicating intent after age 21. For a long-term care applicant or recipient who became incapable of indicating intent after age 20, the state of residence is the state in which the individual is physically present unless another state makes the placement.

Source: 11 SDR 86, effective December 30, 1984; transferred from § 67:16:18:04.08, effective August 23, 1992; transferred from § 67:46:03:12, 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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