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 67:46:05:33 - Medicaid-qualifying trust

A Medicaid-qualifying trust is a nontestamentary trust or a similar legal device established before August 11, 1993, by the individual or the individual's spouse or by someone acting on the individual's or spouse's behalf that uses the individual's or spouse's funds. Under the terms of the trust, the individual may be the beneficiary of all or part of the payments from the trust or similar legal device and the distribution of payments is determined by one or more trustees who are permitted to exercise discretion regarding the distribution to the individual.

This section applies regardless of the purpose for which the trust was established.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Disposal of resources for purposes of establishing eligibility, § 67:46:05:06; Treatment of potential payments from Medicaid qualifying trusts, 42 U.S.C. § 1396 (a)(k).