{"data":{"id":"us-sd/sdcl-28-6-17","jurisdiction":"us-sd","citation":"SDCL § 28-6-17","heading":"Income and resources of spouses in long-term care--Division--Notice--Hearing.","body":"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.","path":["TITLE 28. PUBLIC WELFARE AND ASSISTANCE","CHAPTER 28-6. MEDICAL SERVICES TO THE INDIGENT"],"source_url":"https://sdlegislature.gov/Statutes/28-6-17","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"92b1c2a2e25cea597410e62b51bbfb2fb85c1f2aaaa893454bbfc91434bba33f","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-28-6-16","next":"us-sd/sdcl-28-6-18"},"notice":"GroundRules: Original legal text. Not legal advice."}