South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:03 - Long-term care eligibility
Section 67:46:03:03 - Long-term care residency requirement and beginning of eligibility
Current through Register Vol. 50, page 114, March 25, 2024
The department shall approve long-term care assistance or medical services for an eligible individual if the individual is participating in a home and community-based service program or resides in one of the following facilities:
(1) A licensed hospital, nursing facility, intermediate care facility, or assisted living facility that has a Medicaid provider agreement with the department for the level of care and services provided; or
(2) An adult foster care facility licensed by the South Dakota Department of Health.
If an eligible individual's income minus $20 is less than the SSI standard, long-term care assistance or medical assistance begins in the month the person enters the facility, subject to § 67:46:01:03.
If an eligible individual's income minus $20 is greater than the SSI standard but does not exceed 300 percent of the SSI standard, long-term care assistance or medical assistance begins the first day of a 30-consecutive-day period of institutionalization, subject to § 67:46:01:03. The 30-consecutive-day period is met if the requirements of this rule are met and the individual dies before the 30th consecutive day.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
Home and community-based services, ch 67:54:04.
Home and community-based waiver services, ch 67:44:03.
SSI standard benefit amount, subdivision 67:46:04:13(2).
