The department shall establish a period of ineligibility for long-term care services if an asset has been disposed of for the purpose of establishing Medicaid eligibility. The period of ineligibility is determined by dividing the uncompensated value of the transferred assets by the monthly state-wide average of long-term care costs for private pay individuals for the state's current fiscal year.

The department shall impose a partial month period of ineligibility if the sum arrived at in the above calculation results in a partial month remainder, rounded up to a whole day.

Cross-References: Disposal of resources for purposes of establishing eligibility, § 67:46:05:06; Facility's average per diem charge, § 67:16:04:58.

Source: 16 SDR 10, effective July 23, 1989; 16 SDR 203, effective May 27, 1990; transferred from § 67:16:20:02.04, effective August 23, 1992; 19 SDR 141, effective March 25, 1993; 21 SDR 162, effective March 23, 1995; 22 SDR 188, effective July 8, 1996; 31 SDR 107, effective February 1, 2005.

General Authority: SDCL 28-6-1 , 28-6-3.1.

Law Implemented: SDCL 28-6-3.1.