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67:48:01:04Recovery for certain long-term care cases.

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

A medical benefit paid in error on behalf of an individual who was residing or is residing in a long-term care facility is subject to recovery from the individual if the individual meets one of the following conditions: (1) The individual is not an SSI recipient and would have been ineligible for medical benefits if information concerning the individual's assets had been disclosed within the mandatory reporting period specified in § 67:46:02:09; or (2) The individual is not an SSI recipient and would have been ineligible for medical benefits if information concerning transferred assets had been disclosed within the mandatory reporting period specified in § 67:46:02:09.

Source: 25 SDR 141, effective May 20, 1999.

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