South Dakota Administrative Rules
Title 67 - Department of Social Services
Article 67:54 - Medical programs administered by Department of Human Services
Chapter 67:54:04 - Home and community-based services
Section 67:54:04:12 - Determining amount of HCBS assistance
Current through Register Vol. 51, page 43, September 23, 2024
Payment for HCBS is based on the difference between the participant's income, minus allowable deductions, and the participant's monthly care costs. If the participant meets the requirements of subdivision 67:54:04:03(1), none of the participant's income is credited to the monthly care costs. If the participant meets the requirements of subdivision 67:54:04:03(2), the department applies the following criteria to determine the amount of assistance a participant is eligible to receive from the department to meet the participant's monthly care costs:
(1) Apply the provisions of chapter 67:46:06, with the exception of § 67:46:06:05;
(2) If the participant is married, apply the provisions of chapter 67:46:07, with the exception of subdivision 67:46:07:10(1);
(3) Allow a deduction equal to the supplemental security income (SSI) standard benefit amount for the participant's personal needs; and
(4) If the participant is employed, allow a deduction of $400 from gross wages.
The Department of Social Services shall pay its share of the costs directly to the provider agency. The participant is responsible for paying the participant's share directly to the provider agency.
General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.
SSI standard benefit amount, § 67:46:04:13(2).
