Statutes, codes, and regulations
South Dakota Administrative Rules
Title 67 - Department of Social ServicesArticle 67:46 - Eligibility for medical services
Chapter 67:46:01 - General provisions
Section 67:46:01:25 - Residency determinations - Individuals aged 21 and over residing in long-term care facilities - Incapable of indicating intent after age 21

S.D. Admin. R. 67:46:01:25

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Current through Register Vol. 51, page 30, September 3, 2024
Section 67:46:01:25 - Residency determinations - Individuals aged 21 and over residing in long-term care facilities - Incapable of indicating intent after age 21

For a long-term care applicant or recipient who became incapable of indicating intent after age 20, the state of residence is the state in which the individual is physically present unless another state makes the placement.

S.D. Admin. R. 67:46:01:25

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

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Residency -- Placement by states in an out-of-state long-term care facility, § 67:46:01:18; State residence -- Individuals age 21 and over, 42 C.F.R. § 435.403 (i) (July 12, 2006).