When determining initial eligibility for long-term care assistance for an institutionalized spouse in a nursing or intermediate care facility or who is receiving HCBS or HCBWS, the community spouse's share must be deducted from the couple's total countable resources.

If the institutionalized spouse was a former recipient during the same continuous period of institutionalization, provisions of § 67:46:07:08 apply.

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 § 67:16:32:06, effective August 23, 1992; 30 SDR 193, effective June 13, 2004.

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

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