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 67:46:05:51 - Assets held in common with another person

Universal Citation: SD Admin Rules 67:46:05:51
Current through Register Vol. 50, page 114, March 25, 2024

If an asset is held by an individual in common with another person in joint tenancy, tenancy in common, or similar arrangement, the asset or the affected portion of the asset is considered to have been transferred by the individual when any action by any of the individuals listed in § 67:46:05:32.01 reduces or eliminates the individual's ownership or control of the asset.

When this occurs, the department shall establish a period of ineligibility under the provisions of this chapter.

The provisions of SDCL 43-46-1 and chapter 67:48:02 apply if an individual who has died had received medical benefits and had assets which were held in common with another person.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

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