Medical eligibility for benefits under this chapter is limited to persons who meet both of the following criteria:

1. (1) Presence of terminal irreversible renal failure of such severity that conservative management will not support life. The person requires peritoneal dialysis, hemodialysis, or renal transplant in order to sustain life; and

2. (2) A sufficient degree of understanding and motivation to assure that the person will participate in continuing dialysis. The person is willing to adhere to dietary and intake restrictions.

   A report from the renal disease center or the applicant's or recipient's attending physician shall confirm that the requirements in this section are met before initial or continuing eligibility is determined.

Source: 2 SDR 88, effective July 1, 1976; 7 SDR 66, 7 SDR 89, effective July 1, 1981; 7 SDR 121, effective July 2, 1981; transferred from § 67:16:23:15, effective August 23, 1992.

General Authority: SDCL 28-6A-12.

Law Implemented: SDCL 28-6A-2.