South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:46 - Eligibility for medical services
Chapter 67:46:07 - Community spouses
Section 67:46:07:02 - Assessment of community spouse's share of resources

(1) An application for assistance with nursing facility or home and community based waiver services has been made or an institutionalized spouse, the community spouse, or the couple's authorized representative has requested the assessment;

(2) The institutionalized spouse was admitted to a hospital, nursing facility, or intermediate care facility or began receiving home and community based waivered services after September 29, 1989, and is expected to remain in the facility or continue receiving home and community-based waivered services for at least 30 consecutive days; and

(3) The institutionalized spouse has a community spouse.

The department must complete the assessment within 45 days of the request unless delay is due to nonreceipt of documentation or verification from the requesting party or a third party. The department may not use the time standard as a waiting period or reason for not completing the assessment if documentation has been provided.

The department shall apply the provisions of chapter 67:46:05 if the spouse is entering an assisted living facility and is not receiving HCBS or HCBWS or is entering an adult foster care facility.