South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:05 - Long-term care resource requirements
Section 67:46:05:06.01 - Disposal of assets - Look-back periods
Current through Register Vol. 51, page 43, September 23, 2024
The department shall use the following look-back periods when determining whether an asset was transferred for less than fair market value:
(1) The look-back period extends back to the date 60 months before the first date on which the individual is institutionalized and applies for long-term care assistance; and
(2) If the asset was transferred to a trust or similar legal device, the look-back period extends back to the date 60 months before the first date the individual is institutionalized and applies for long-term care assistance.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
Look-back period, 42 U.S.C. § 1396 p(c)(1)(B)(i).
