South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:04 - Long-term care income requirements
Section 67:46:04:10 - Income considered

(1) For an unmarried individual, the department considers only the individual's income;

(2) For a child born in a hospital and continuously hospitalized for 30 or more consecutive days from the date of birth, the department considers only the income available to the child during this confinement. The parent's or stepparent's income is not considered;

(3) For a child who does not meet the criteria contained in subdivision (2) of this section, the department considers the parent's or stepparent's income available to the child in the calendar month of entry to a hospital, nursing facility, or intermediate care facility. After the calendar month of entry, the department considers only the income of the parent or stepparent that is actually contributed to the child;

(4) For a married couple, if one spouse enters a hospital, nursing facility, or intermediate care facility and is not expected to remain in the facility for 30 consecutive days, the department considers the couple's combined income available to each other. If the spouse's stay exceeds 29 days, the requirements of chapter 67:46:07 apply;

(5) For a married couple of which only one spouse participates in either an HCBS or HCBWS program but is not expected to receive services for 30 consecutive days, the department considers the couple's combined income available to each other. If the spouse's participation in HCBS or HCBWS exceeds 29 days, the requirements of chapter 67:46:07 apply;

(6) For a married couple, if both spouses enter a long-term care facility during the same calendar month, the department considers the couple's combined income available to each other and shared equally in the calendar month of entry regardless of room occupancy. After the calendar month of entry, the department treats the couple as separate individuals and considers only that income which is actually available to the individual; and

(7) For a married couple living together during the calendar month that one spouse enters assisted living or adult foster care, the department considers the couple's combined income available to each other in the calendar month of entry. After the calendar month of entry, the department considers only that income which is available to the spouse in assisted living or adult foster care. If the spouse is entering an assisted living facility and is receiving benefits through HCBS or HCBWS, the provisions of subsection (5) apply.