If an individual has resided in a medicaid-certified nursing facility prior to a determination of eligibility, and was determined not eligible for nursing home services, but requires specialized services, the State Mental Health Authority or State Intellectual Disability Authority, in consultation with the individual's family, the individual's legal representative, if applicable, and the individual's family, if available and the individual consents, must:

1. (1) For an individual who has continuously resided in a medicaid-certified nursing facility at least thirty months:

   1. (a) Offer the individual the choice of remaining in the nursing facility or receiving services in an alternative setting;
   2. (b) Inform the individual of the institutional and noninstitutional alternatives covered under the state medicaid plan;
   3. (c) Inform the individual of any effect on the individual's eligibility for medicaid services under the state plan, or any effect on readmission, if the individual chooses to leave the nursing facility; and
   4. (d) Provide or arrange specialized services for the individual's serious mental illness or intellectual or developmental disability; or

2. (2) For an individual who has resided in a medicaid-certified nursing facility for less than thirty months:

   1. (a) Arrange for the safe and orderly discharge of the individual from the facility;
   2. (b) Prepare and orient the individual for discharge; and
   3. (c) Provide or arrange specialized services to treat the individual's serious mental illness or intellectual or developmental disability.

Source: 52 SDR 41, effective October 27, 2025 .

General Authority: SDCL 1-36-25 .

Law Implemented: SDCL 28-6-1 .