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 67:46:05:45 - Separate burial funds excluded from resources
Funds up to $1,500 each for the applicant or recipient and the applicant's or recipient's spouse may be separately set aside for burial and excluded from the applicant's or recipient's resources. Funds separately set aside for burial include revocable burial contracts, burial trusts, or any other separately identifiable assets intended for burial expenses. If the funds are mixed with other resources not intended for burial, the exclusion does not apply to any portion of the funds and the funds shall be treated as nonexcluded resources.
The separate funds shall be clearly designated as burial funds. If the separate funds are not clearly designated, the funds may be excluded if the applicant states that the applicant intends to use the funds for burial and submits documentary evidence of clearly designated funds within 30 days from the date of application. This is an exception to § 67:46:05:43.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.