South Dakota § 28-6-17 Income and resources of spouses in long

South Dakota Statutes

§ 28-6-17 — Income and resources of spouses in long

South Dakota § 28-6-17

Title 28PUBLIC WELFARE AND ASSISTANCE

Ch. 28-5AMEDICAL SERVICES TO THE INDIGENT

This text of South Dakota § 28-6-17 (Income and resources of spouses in long) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 28-6-17 (2026).

Text

The department shall determine the aggregate nonexempt resources and income of the community spouse and the institutionalized spouse at the beginning of a continuous period of institutionalization of the institutionalized spouse regardless of whether an application for long - term medical assistance is made at the time. After the aggregate nonexempt resources and income have been determined, the department shall determine a spousal share. The department shall notify the institutionalized spouse and the community spouse of the division of income and resources for the purpose of deeming in long - term care. If either the institutionalized spouse or the community spouse is dissatisfied with the division of income or resources, that spouse is entitled to a fair hearing pursuant to § 28-6-6 if 

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The department shall determine the aggregate nonexempt resources and income of the community spouse and the institutionalized spouse at the beginning of a continuous period of institutionalization of the institutionalized spouse regardless of whether an application for long - term medical assistance is made at the time. After the aggregate nonexempt resources and income have been determined, the department shall determine a spousal share. The department shall notify the institutionalized spouse and the community spouse of the division of income and resources for the purpose of deeming in long - term care. If either the institutionalized spouse or the community spouse is dissatisfied with the division of income or resources, that spouse is entitled to a fair hearing pursuant to § 28-6-6 if there is an application for long - term care medical assistance. If an application for long - term care medical assistance is not made the department may charge a reasonable fee for its assessment.