28-6-17. Income and resources of spouses in long-term care--Division--Notice--Hearing.
The department shall determine the aggregate nonexempt resources and income of the community spouse and the institutionalized spouse at the beginning of a continuous period of institutionalization of the institutionalized spouse regardless of whether an application for long-term medical assistance is made at the time. After the aggregate nonexempt resources and income have been determined, the department shall determine a spousal share. The department shall notify the institutionalized spouse and the community spouse of the division of income and resources for the purpose of deeming in long-term care. If either the institutionalized spouse or the community spouse is dissatisfied with the division of income or resources, that spouse is entitled to a fair hearing pursuant to §28-6-6 if there is an application for long-term care medical assistance. If an application for long-term care medical assistance is not made the department may charge a reasonable fee for its assessment.
Source: SL 1989, ch 243, §3.
Structure South Dakota Codified Laws
Title 28 - Public Welfare and Assistance
Chapter 06 - Medical Services To The Indigent
Section 28-6-1 - Provision of medical services and remedial care authorized--Rules.
Section 28-6-1.2 - Reimbursement schedule for certain services--Medicaid program.
Section 28-6-3.1 - Disposal of assets at less than fair market value--Effect on eligibility.
Section 28-6-4.5 - Public funds not to be used for abortion except to save life of mother.
Section 28-6-5 - Opportunity provided to apply for assistance--Assistance furnished promptly.
Section 28-6-6 - Fair hearing on denial or delay in assistance.
Section 28-6-16 - Definition of terms.
Section 28-6-17 - Income and resources of spouses in long-term care--Division--Notice--Hearing.
Section 28-6-18 - Promulgation of rules regarding income and resources in long-term care.
Section 28-6-20 - Effect of 28-6-16 to 28-6-22, inclusive, on other statutes.
Section 28-6-21 - Application of 28-6-17.
Section 28-6-22 - Application of 28-6-16 to 28-6-22, inclusive.
Section 28-6-23 - Medical assistance as debt to department--Recovery of debt.
Section 28-6-23.1 - Limiting financial responsibility of estate of surviving spouse.
Section 28-6-24 - Medical assistance lien against real property.
Section 28-6-25 - Filing medical assistance real estate lien.
Section 28-6-26 - Exemption to medical assistance lien.
Section 28-6-27 - Priority of medical assistance lien.
Section 28-6-28 - Definition of terms.
Section 28-6-29 - Funding pool established.
Section 28-6-30 - Payments from funding pool to publicly owned and operated nursing facilities.
Section 28-6-31 - Payments to be remitted to department for credit to health care trust fund.
Section 28-6-33 - Code provisions governing investment in health care trust fund.
Section 28-6-34 - Funds appropriated under §28-6-1 may be used for payments under §28-6-30.
Section 28-6-35 - Promulgation of rules regarding health care trust fund and funding pool.
Section 28-6-36 - No entitlement to funds.
Section 28-6-38 - South Dakota long-term care partnership program established.