ARSD 67:48:01:04. Recovery for certain long-term care cases

A medical benefit paid in error on behalf of an individual who was residing or is residing in a long-term care facility is subject to recovery from the individual if the individual meets one of the following conditions: (1) The individual is not an SSI recipient and would have been ineligible for medical benefits if information concerning the individual's assets had been disclosed within the mandatory reporting period specified in § 67:46:02:09; or (2) The individual is not an SSI recipient and would have been ineligible for medical benefits if information concerning transferred assets had been disclosed within the mandatory reporting period specified in § 67:46:02:09.