The department shall assess a couple's combined countable resources to determine the community spouse's share if all of the following occur:

1. (1) An application for assistance with nursing facility or home and community based waiver services has been made or an institutionalized spouse, the community spouse, or the couple's authorized representative has requested the assessment;
2. (2) The institutionalized spouse was admitted to a hospital, nursing facility, or intermediate care facility or began receiving home and community based waivered services after September 29, 1989, and is expected to remain in the facility or continue receiving home and community-based waivered services for at least 30 consecutive days; and

3. (3) The institutionalized spouse has a community spouse.

   The department must complete the assessment within 45 days of the request unless delay is due to nonreceipt of documentation or verification from the requesting party or a third party. The department may not use the time standard as a waiting period or reason for not completing the assessment if documentation has been provided.

   The department shall apply the provisions of chapter 67:46:05 if the spouse is entering an assisted living facility and is not receiving HCBS or HCBWS or is entering an adult foster care facility.

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

Source: 16 SDR 203, effective May 27, 1990; transferred from § 67:16:32:02, effective August 23, 1992; 30 SDR 193, effective June 13, 2004; 41 SDR 93, effective December 3, 2014; 43 SDR 31, effective September 12, 2016.

General Authority: SDCL 28-6-1 , 28-6-18.

Law Implemented: SDCL 28-6-1 , 28-6-18.

Prior versions effective: 2014-12-03, 2004-06-13.