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 67:46:05:32.03 - Trusts excepted from consideration as a resource
Current through Register Vol. 50, page 114, March 25, 2024
Except for payments from the trust to the beneficiary or for the benefit of the beneficiary, § 67:46:05:32.02 does not apply to any of the following trusts:
(1) A Medicaid income trust created under the provisions of § 67:46:05:33.01;
(2) An irrevocable trust containing the assets of an individual who is disabled and under age 65 if the trust is established for the sole benefit of the individual and provides that upon the death of the individual and before any other distribution is made from the trust, the department shall receive all amounts remaining in the trust up to an amount equal to the total medical assistance paid on behalf of the individual; and
(3) An irrevocable trust containing the assets of an individual who is disabled which meets the following conditions:
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
Determination of disability, § 67:46:03:18.