S.D. Codified Laws § 28-6-18

Promulgation of rules regarding income and resources in long-term care

Applied in 2 court decisions — leading case Mulder v. South Dakota Department of Social Services (2004)

Most recently applied in Tucek v. South Dakota Department of Social Services (October 2007)

Source: SL 1989, ch 243, § 2; SL 2004, ch 167, § 54; SL 2019, ch 127, § 10.

The department shall promulgate reasonable and necessary rules, pursuant to chapter 1-26, relating to:

(1) The determination of exempt and nonexempt income in long-term care;

(2) The treatment of income in long-term care;

(3) The deeming of income in long-term care;

(4) The determination of the spousal minimum monthly allowance in long-term care;

(5) The determination of the spousal share of resources; and

(6) Such other standards and requirements as may be necessary for federal financial participation.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.