S.D. Admin. R. 67:48:02:05
If the department provided any of the services specified in SDCL 28-6-23, and the individual has since died, the department shall seek to recover from the individual's estate the benefits paid on behalf of the individual.
If the individual had a long-term care partnership insurance policy that paid for services, the department shall reduce the amount of recovery from the individual's estate by the amount of the assets disregarded at the time Medicaid eligibility was determined less the amount of disregarded assets disposed of before the individual's death. The benefits paid by insurance must be from a long-term care partnership policy approved by the Division of Insurance. In no case may the amount of the reduction exceed the amount paid under the long-term care partnership insurance policy.
The department may not seek recovery from the individual's estate if the individual's spouse is still living or if the individual has a surviving child who is under age 21 or is blind or disabled.
S.D. Admin. R. 67:48:02:05
General Authority: SDCL 28-6-23.
Law Implemented: SDCL 28-6-23.
Determination of disability, § 67:46:03:18. Determination of blindness, § 67:46:03:19. Long-term care insurance, ch 20:06:21.