67:46:05:32.04Trust waived under certain circumstances.

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

If an individual is determined ineligible because of a trust, the department may waive its consideration of the trust as an available resource if the individual can clearly show that all efforts have been made to recover assets placed into the trust and the individual's continuing care or well-being is seriously threatened because of the ineligibility for long-term care assistance.

Source: 21 SDR 162, effective March 23, 1995.

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
SDCL 28-6-3.1 ↗

Law Implemented

SDCL 28-6-3.1 ↗

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