A transfer of a resource does not affect eligibility for long-term care services when the transfer is to a son or daughter meeting the definition of blind or disabled according to §§ 67:46:03:02, 67:46:03:18, and 67:46:03:19 or when the transfer is from one spouse to another or to another person for the sole benefit of the spouse.

1. (1) A son or daughter who meets the definition of disabled or blind according to §§ 67:46:03:02, 67:46:03:18, and 67:46:03:19;
2. (2) An individual under age 65 who meets the definition of disabled according to § 67:46:03:18; or
3. (3) An individual who has a Medicaid income trust and the amount placed into the trust does not exceed amounts necessary to pay the monthly nursing facility rate.

A transfer after August 10, 1993, does not affect eligibility for long-term care services when the transfer is to a trust established solely for the benefit of one of the following:

Source: 16 SDR 203, effective May 27, 1990; transferred from § 67:16:20:05.02, effective August 23, 1992; 21 SDR 162, effective March 23, 1995.

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

Law Implemented: SDCL 28-6-1 , 28-6-3.1.