Payment for HCBS is based on the difference between the participant's income, minus allowable deductions, and the participant's monthly care costs. If the participant meets the requirements of subdivision 67:54:04:03(1), none of the participant's income is credited to the monthly care costs. If the participant meets the requirements of subdivision 67:54:04:03(2), the department applies the following criteria to determine the amount of assistance a participant is eligible to receive from the department to meet the participant's monthly care costs:

1. (1) Apply the provisions of chapter 67:46:06, with the exception of § 67:46:06:05;
2. (2) If the participant is married, apply the provisions of chapter 67:46:07, with the exception of subdivision 67:46:07:10(1);
3. (3) Allow a deduction equal to the supplemental security income (SSI) standard benefit amount for the participant's personal needs; and

4. (4) If the participant is employed, allow a deduction of $400 from gross wages.

   The Department of Social Services shall pay its share of the costs directly to the provider agency. The participant is responsible for paying the participant's share directly to the provider agency.

Source: 10 SDR 79, effective February 1, 1984; 13 SDR 164, effective May 10, 1987; 15 SDR 2, effective July 17, 1988; 16 SDR 203, effective May 27, 1990; transferred from § 67:16:27:12, effective August 23, 1992; 21 SDR 34, effective August 29, 1994; 22 SDR 40, effective September 28, 1995; 26 SDR 150, effective May 21, 2000; SL 2013, ch 128, § 8, effective July 1, 2013.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.