67:54:04:04General eligibility --
Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗
Ineligible if SSI disability benefits denied. In addition to qualifying under § 67:54:04:03, an individual must meet the following requirements: (1) Be developmentally disabled according to § 67:54:04:05; (2) Be appropriate for HCBS placement according to § 67:54:04:06; and (3) Be in need of and eligible for placement in an intermediate care facility for individuals with intellectual disabilities according to § 67:54:03:04. An individual who has been denied social security or SSI disability benefits based on a disability is ineligible for HCBS.
Source: 10 SDR 79, effective February 1, 1984; 11 SDR 26, effective August 21, 1984; 15 SDR 154, effective April 9, 1989; transferred from § 67:16:27:04, effective August 23, 1992; 40 SDR 122, effective January 8, 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 oAmended by HB1229 (2019) — require optional services through Medicaid to be authorized through special apprAmended 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 oAmended by HB1229 (2019) — require optional services through Medicaid to be authorized through special apprAmended by SB30 (2019) — remove certain unnecessary federal references and dates from certain provisions