For an individual residing in a nursing or intermediate care facility, the department issues long-term care assistance payments directly to the facility. For an individual residing in assisted living and not receiving HCBS or HCBWS, or for an individual residing in adult foster care, the department issues assistance payments to the individual with the facility as the representative payee. For an individual receiving HCBS or HCBWS, the department issues payments directly to the provider of the services.

Cross-References: Definition of HCBS, § 67:54:04:01; Definition of HCBWS, § 67:44:03:01.

Source: 8 SDR 170, effective June 21, 1982; 9 SDR 133, effective April 27, 1983; transferred from § 67:16:21:13, effective August 23, 1992; 20 SDR 92, effective December 21, 1993; 20 SDR 170, effective April 21, 1994; 41 SDR 93, effective December 3, 2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Prior versions effective: 1994-04-21.