An individual is ineligible for long-term care assistance when either of the following occurs:

1. (1) The disability/incapacity consultation team, following §67:46:03:18, inclusive, determines that a disability ceases to exist; or

2. (2) The individual has been denied social security or SSI disability benefits based on a disability.

   If an individual is ineligible based on subdivision (2) of this section, the department may not overrule the decision.

Source: 2 SDR 74, effective May 13, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 8 SDR 170, effective June 21, 1982; 18 SDR 67, effective October 13, 1991; transferred from § 67:16:18:10, effective August 23, 1992; 21 SDR 162, effective March 23, 1995.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.