S.D. Admin. R. 67:46:01:28

Current through Register Vol. 51, page 57, November 12, 2024

Section 67:46:01:28 - Residence determination when individual leaves the state

The South Dakota residency requirement for an applicant or recipient of long-term care assistance, in case of temporary leave from the state, shall be determined according to the following guidelines:

(1) An individual who leaves the state by choice without a declared intent to return is not considered a resident of this state for the purpose of determining eligibility for long-term care assistance;

(2) Assistance from South Dakota shall be terminated when a recipient meets the residence requirements for long-term care assistance in another state;

(3) When an individual lives in another state and declares an intention to make that state the individual's home, the department shall request the individual to contact the other state agency and apply for long-term care assistance. When the individual declares an intention to make another state the individual's home, long-term care assistance from South Dakota shall be discontinued; and

(4) An individual who receives any form of long-term care assistance from another state is not entitled to long-term care assistance from South Dakota in any month such assistance is received from the other state whether or not the individual is physically present in South Dakota.

S.D. Admin. R. 67:46:01:28

Transferred from § 67:46:03:15, 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.