ARSD 67:46:08:05 – Notice of right to request waiver of period of ineligibility -- Assets transferred at less than fair market value -- Ineligibility due to home equity limit.

The department shall notify an individual if it intends to impose a period of ineligibility because an individual has transferred an asset for less than fair market value or is ineligible for long-term care assistance due to the home equity limit established in § 67:46:05:15. The notice shall specify the date of the intended action, information about how the individual can request a waiver of the period of ineligibility, and information on how to request a fair hearing.

Cross-References:

Ineligibility if assets transferred, § 67:46:05:09.02.

Period of ineligibility waived under certain circumstances, § 67:46:05:10.

Availability of hardship waivers, 42 U.S.C. § 1396p(c)(2)(D).

Fair hearings, ch 67:17:02.

Source: 33 SDR 44, effective August 31, 2006; 35 SDR 166, effective December 24, 2008.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.