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 67:46:05:34 - Resource available under Medicaid-qualifying trust
Universal Citation: SD Admin Rules 67:46:05:34
Current through Register Vol. 51, page 43, September 23, 2024
The amount considered available to an individual from a Medicaid-qualifying trust is the maximum undistributed amount that may be permitted under the terms of the trust assuming the full exercise of discretion by the trustee, whether or not discretion is exercised. The maximum amount available is a resource.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
Treatment of potential payments from Medicaid qualifying trusts, 42 U.S.C. § 1396 (a)(k).
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