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. 50, page 114, March 25, 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).

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.