South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:01 - General provisions
Section 67:46:01:18 - Residency - Placement by states in an out-of-state long-term care facility

If a state arranges for an individual to be placed in a long-term care facility located in another state, the state making the placement is the individual's state of residence, regardless of the individual's intent or ability to indicate intent.

If an individual capable of indicating intent leaves the facility into which the individual has been placed by a state, the individual's state of residence is the state where the individual is physically located.

Any action beyond providing information to the individual and the individual's family constitutes arranging or making a state placement. Providing basic information about facilities available in another state or assisting an individual to locate an institution in another state, provided the individual is capable of indicating intent and independently decides to move, is not considered state placement.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Placement by a State in an out-of-State institution, 42 C.F.R. § 435.403 (e) (July 12, 2006).