An individual is ineligible for long-term care services if an asset or an interest in an asset owned by the individual or the individual's spouse is transferred by the individual, the individual's spouse, or a person acting for and legally authorized to execute a contract for the individual or the individual's spouse for less than fair market value on or after the look back date specified in § 67:46:05:06.01. Unless otherwise specified in § 67:46:05:08.01 or 67:46:05:38, the value of the transferred asset is the difference between the fair market value at the time of the transfer and the amount of compensation received, if any.

This type of transfer is presumed to have been made for the purpose of establishing eligibility for long-term care services under this article, unless the individual furnishes clear and convincing evidence that the assets were either transferred exclusively for some other reason or the individual intended to dispose of them at fair market value or for other valuable consideration.

Medicaid-qualifying trusts are irrebuttably presumed to have been made for the purpose of establishing eligibility for services under this article.

Cross-References:

Transfer of home property not affecting eligibility, § 67:46:05:16.

Transfer of other property not affecting eligibility, § 67:46:05:17.

Treatment of potential payments from Medicaid qualifying trusts, 42 U.S.C. § 1396a(k).

Rebuttal of intent to transfer, § 67:46:05:11.

Look-back period, 42 U.S.C. § 1396p(c)(1)(B)(i).

Source: 7 SDR 109, effective May 31, 1981; 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; 11 SDR 86, effective December 30, 1984; 16 SDR 10, effective July 23, 1989; 16 SDR 203, effective May 27, 1990; 17 SDR 187, effective June 3, 1991; transferred from § 67:16:20:02.01, effective August 23, 1992; 33 SDR 44, effective August 31, 2006; 35 SDR 166, effective December 24, 2008.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.