South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:01 - General provisions
Section 67:46:01:20 - Incapability of indicating intent

Universal Citation: SD Admin Rules 67:46:01:20

Current through Register Vol. 51, page 43, September 23, 2024

The department shall consider an individual incapable of indicating intent if the individual meets one of the following:

(1) The individual has been judged legally incompetent by a court;

(2) A physician, psychologist, or a qualified developmental disability professional has found the individual to be incapable of indicating intent and has based this finding on medical evidence; or

(3) A psychologist has determined that the individual has an IQ of 49 or less or a mental age of 7 or less and has based this determination on tests appropriate for the individual being tested.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

State residence -- Individual considered incapable of indicating intent, 42 C.F.R. § 435.403 (c) (July 12, 2006).

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