ARSD 67:46:01:17. State residency determinations -- General provisions

An applicant or recipient must be a resident of the state of South Dakota to be eligible for long-term care assistance. An individual's state of residence shall be determined according to the following: (1) If the individual has been placed by a state agency into an out-of-state institution, the state arranging or actually making the placement is the individual's state of residence; (2) If the individual is competent and leaves the facility into which the individual had been placed by a state, that individual's state of residence is the state in which the individual is physically located; (3) If a placement is initiated by a state because that state lacks a sufficient number of appropriate facilities to provide services to its residents, the state making the placement is the individual's state of residence; (4) If the individual is receiving a state supplementary payment, the state making the supplementary payment is the individual's state of residence; (5) If the individual is receiving federal payments for foster care and adoption assistance under Title IV-E of the Social Security Act, the state making the payment is the individual's state of residence.