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 67:46:05:44 - Burial spaces excluded from resources
Current through Register Vol. 50, page 114, March 25, 2024
Burial spaces owned by the applicant or recipient are excluded from resources if intended for use by any of the following individuals:
(1) The applicant or recipient and the applicant's or recipient's spouse;
(2) The applicant's or recipient's minor and adult children, stepchildren, and adopted children; or
(3) The applicant's or recipient's brothers, sisters, parents, adoptive parents, and the spouses of these persons.
Burial spaces include gravesites, crypts, mausoleums, urns or other repositories, caskets, concrete vaults, and grave markers. If burial space items are listed in a contract for services for a future need, these are classified as burial funds under § 67:46:05:45.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
Resources defined -- Burial plots, 20 C.F.R. § 416.1201 (a)(1).
