An individual is eligible for HOPE waiver services if the individual is not receiving services under chapters 67:54:04, 67:54:06, or 67:54:09, and meets the following requirements:

1. (1) The individual is age sixty-five or older, or eighteen or older with a qualifying disability;
2. (2) The individual is receiving supplemental security income (SSI) or has an income level within three hundred percent of the SSI standard benefit amount as provided in § 67:46:04:13, and meets the eligibility criteria established in chapter 67:46:03 or would be eligible for Medicaid under article 67:46 if residing in a nursing facility;
3. (3) The individual meets the nursing facility level of care as determined by the department according to chapter 67:45:01;
4. (4) The individual resides or will reside at home or in a HOPE waiver-approved home and community-based setting while receiving HOPE waiver services; and
5. (5) The individual has an individual support plan prepared under the provisions of § 67:44:03:04 and requires one or more of the services provided under this chapter.

Source: 15 SDR 191, effective June 11, 1989; 16 SDR 161, effective April 8, 1990; 18 SDR 67, effective October 13, 1991; 20 SDR 170, effective April 18, 1994; 28 SDR 96, effective December 30, 2001; 38 SDR 123, effective January 23, 2012 ; 51 SDR 36, effective September 30, 2024 .

General Authority: SDCL 1-36A-26 .

Law Implemented: SDCL 1-36A-25 , 1-36A-26 .

Prior versions effective: 2012-01-23.