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 67:46:05:11 - Rebuttal of intent to transfer

Universal Citation: SD Admin Rules 67:46:05:11
Current through Register Vol. 51, page 43, September 23, 2024

Intent to transfer a resource for purposes of establishing eligibility for services under this article may be rebutted. The individual or the individual's spouse must be able to show that there were other resources at the time the transfer was made which met the individual's care and maintenance needs and there was no evidence of a disability or medical condition which would have required long-term care assistance or an increased expense beyond the current or future means of financial support.

The provisions of this section do not apply to Medicaid-qualifying trusts.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Disposal of resources for purposes of establishing eligibility, § 67:46:05:06.

Medicaid-qualifying trust, § 67:46:05:33.

Resource available under Medicaid-qualifying trust, § 67:46:05:34.

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