S.D. Admin. R. 67:46:01:17

Current through Register Vol. 51, page 67, December 16, 2024

Section 67:46:01:17 - State residency determinations - General provisions

An applicant or recipient must be a resident of the state of South Dakota to be eligible for long-term care assistance. An individual's state of residence shall be determined according to the following:

(1) If the individual has been placed by a state agency into an out-of-state institution, the state arranging or actually making the placement is the individual's state of residence;

(2) If the individual is competent and leaves the facility into which the individual had been placed by a state, that individual's state of residence is the state in which the individual is physically located;

(3) If a placement is initiated by a state because that state lacks a sufficient number of appropriate facilities to provide services to its residents, the state making the placement is the individual's state of residence;

(4) If the individual is receiving a state supplementary payment, the state making the supplementary payment is the individual's state of residence;

(5) If the individual is receiving federal payments for foster care and adoption assistance under Title IV-E of the Social Security Act, the state making the payment is the individual's state of residence.

S.D. Admin. R. 67:46:01:17

Transferred from § 67:46:03:04, 41 SDR 93, effective 12/3/2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Incapability of indicating intent, § 67:46:01:20.