S.D. Admin. R. 67:48:02:08

Current through Register Vol. 51, page 51, October 21, 2024

Section 67:48:02:08 - Recovery against estate of surviving spouse - Petition to limit financial responsibility - Determination of value of estate

For purposes of SDCL 28-6-23.1, the surviving spouse must petition the department on a form available from the department. The surviving spouse or the surviving spouse's authorized representative or legal guardian must complete, sign, and return the form to the department.

If a medical recipient's death occurred after June 30, 1994, but before July 1, 1997, the department shall consider a petition to limit the financial responsibility of the estate of a surviving spouse if the petition is submitted and received by the department by January 1, 1998.

The department shall use the completed form and §§ 67:46:05:08 and 67:46:05:36 to determine the amount of the surviving spouse's resources which are available for recovery.

For purposes of this rule, the fair market value of property is determined by using 100 percent of the county's tax valuation for the property.

S.D. Admin. R. 67:48:02:08

24 SDR 19, effective 8/21/1997.

General Authority: SDCL 28-6-23.

Law Implemented: SDCL 28-6-23.