Any promissory note received by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits, shall, for Medicaid eligibility purposes, be deemed to be fully negotiable under the laws of this State unless it contains language plainly stating that it is not transferable under any circumstances. A promissory note will be considered valid for Medicaid purposes only if it is actuarially sound, requires monthly installments that fully amortize it over the life of the loan, and is free of any conditional or self-canceling clauses.
HISTORY: 2008 Act No. 353, Section 2, Pt 4.B, eff July 1, 2009.
Structure South Carolina Code of Laws
Chapter 6 - Department Of Health And Human Services
Section 44-6-10. Creation of commission; members; term; conflict of interests.
Section 44-6-30. Duties and limitations.
Section 44-6-35. Medicaid waiver protections.
Section 44-6-50. Contracts with other agencies; program monitoring.
Section 44-6-70. Preparation of state plan and resource allocation recommendations.
Section 44-6-80. Annual and interim reports.
Section 44-6-90. Promulgation of regulations; other agencies to cooperate with commission.
Section 44-6-100. Personnel of commission; duties; compensation.
Section 44-6-110. Medicaid providers; boundary clarification.
Section 44-6-115. Covered Medicaid pharmacy services.
Section 44-6-132. Legislative findings and intent.
Section 44-6-135. Short title.
Section 44-6-140. Medicaid hospital prospective payment system; cost containment measures.
Section 44-6-155. Medicaid Expansion Fund.
Section 44-6-160. Target rate of increase for net inpatient charges; excessive increases; penalties.
Section 44-6-200. Falsification of information; penalties.
Section 44-6-220. Notice requirements on nursing home admission applications.
Section 44-6-300. Child development services to be established.
Section 44-6-310. Expansion of existing child development services.
Section 44-6-320. Appropriations.
Section 44-6-400. Definitions.
Section 44-6-420. Enforcement actions; considerations; proportionality to violations.
Section 44-6-470. Fines; use of funds collected.
Section 44-6-530. Federal jurisdiction.
Section 44-6-540. Authority for rulemaking, and to ensure compliance with Medicaid participation.
Section 44-6-610. Citation of article.
Section 44-6-620. Definitions.
Section 44-6-630. Creation of GAPS program; purpose.
Section 44-6-650. Eligibility; benefits.
Section 44-6-660. Evaluation of cost effectiveness; annual report.
Section 44-6-720. Requirements for qualifying for undue hardship waiver.
Section 44-6-725. Promissory notes received by Medicaid applicant or recipient.
Section 44-6-1010. Pharmacy and Therapeutics Committee established; membership.
Section 44-6-1040. Preferred drug list program; procedures to be included.
Section 44-6-1050. Prior authorization for drug; refills; appeals.