The entrance or admission fee for an applicant or recipient residing in a continuing care retirement or life care community is a countable resource to the extent that:

1. (1) The applicant or recipient can use the entrance or admission fee to pay for care if other resources or income of the applicant or recipient are insufficient to pay for such care;
2. (2) The applicant or recipient is eligible for a refund of any remaining entrance fee when the individual dies or terminates the continuing care retirement or life care community contract and leaves the community; and

3. (3) The entrance fee does not confer an ownership interest in the continuing care retirement or life care community.

   For purposes of this section, an admission or entrance fee is a fee that a state licensed, continuing care retirement or life care community requires an individual to pay as a condition of admission before applying for medical services. For purposes of this section, continuing care retirement or life care community is an arrangement under which housing and health-related services are provided or arranged through an organization for the enrollee under an agreement that is effective for the life of the enrollee or for a specified period.

Source: 33 SDR 44, effective August 31, 2006.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.