ARSD 67:54:04:04 – General eligibility -- Ineligible if SSI disability benefits denied.

In addition to qualifying under § 67:54:04:03, an individual must meet the following requirements:

(1) Be developmentally disabled according to § 67:54:04:05;
(2) Be appropriate for HCBS placement according to § 67:54:04:06; and
(3) Be in need of and eligible for placement in an intermediate care facility for individuals with intellectual disabilities according to § 67:54:03:04.
An individual who has been denied social security or SSI disability benefits based on a disability is ineligible for HCBS.

Source: 10 SDR 79, effective February 1, 1984; 11 SDR 26, effective August 21, 1984; 15 SDR 154, effective April 9, 1989; transferred from § 67:16:27:04, effective August 23, 1992; 40 SDR 122, effective January 8, 2014.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.