Section 28-6-16 - Definition of terms. - South Dakota Statutes

28-6-16. Definition of terms. Terms used in §§ 28-6-16 to 28-6-22, inclusive, mean:
(1) "Community spouse," the spouse of an institutionalized spouse;
(2) "Deeming" or "deemed," the determination by the department that nonexempt resources or income of a spouse is available to an institutionalized spouse;
(3) "Department," the Department of Social Services;
(4) "Exempt income," any income which may not be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(5) "Exempt resources," any resources which may not be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(6) "Income," any earned or unearned income under rules adopted pursuant to § 28-6-1;
(7) "Institutionalized spouse," an individual who is applying for or receiving long-term care and is married to a spouse who is not in long-term care;
(8) "Long-term care," skilled nursing care and related services for residents who require medical or nursing care; rehabilitation services for the rehabilitation of injured, disabled or sick persons; or on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services above the level of room and board which can be made available to them only through institutional facilities, and is not primarily for the care and treatment of mental disease;
(9) "Nonexempt income," any income which may be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(10) "Nonexempt resources," any resources which may be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(11) "Resources," any cash or other liquid assets or any real or personal property under rules adopted pursuant to § 28-6-1;
(12) "Spousal share," the amount of nonexempt income or resources unavailable to an institutionalized spouse, for the purposes of determining eligibility for long-term care, under §§ 28-6-16 to 28-6-22, inclusive.

Source: SL 1989, ch 243, § 1; SL 1990, ch 208, § 1.