State of South Dakota
CONFERENCE COMMITTEE ENGROSSED
Representatives Kraus, Frost, Hunhoff, Michels, and Van Etten and Senators
Hansen (Tom), Bartling, Dempster, Olson (Ed), and Sutton (Dan)
FOR AN ACT ENTITLED, An Act to
direct the Department of Social Services to establish the
South Dakota long-term care partnership program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
When determining eligibility for nursing and rehabilitative services, if the
individual is a beneficiary of an approved long-term care partnership program policy and has
exhausted the benefits of the policy, the total countable assets of the individual shall be reduced
by one dollar for each one dollar of benefits paid out under the individual's approved long-term
care partnership program policy. The Department of Social Services is authorized to seek any
federal waivers to implement this policy.
The Department of Social Services shall establish the South Dakota long-term
care partnership program. The program shall include the following components:
(1) Incentives for an individual to obtain insurance to cover the costs of long-term care;
(2) Standards for long-term care insurance policies for designation as approved
long-term care partnership program policies. The Division of Insurance shall assist
in ensuring that these standards are appropriate. Any insurer offering any long-term
care partnership program policy shall file the policy and any advertisements with the
Division of Insurance in accordance with the applicable requirements of Title 58 and
subject to the standards set by the Department of Social Services;
(3) A mechanism to qualify for coverage of the costs of long-term care needs under
medicaid without first being required to substantially exhaust his or her resources,
including a reduction of the individual's asset valuation by one dollar for each one
dollar of benefits paid out under the individual's approved long-term care partnership
program policy as a determination of medicaid eligibility;
(4) Inflation protection as provided by federal law;
(5) Asset protection up to the maximum as provided by federal law;
(6) Distribution of information regarding long-term care partnership plan policies to
individuals through insurance companies offering approved partnership policies. The
department shall approve the information before its distribution; and
(7) Encouraging the pursuit of private initiatives to alleviate the financial burden on the
state's medical assistance program.
The Department of Social Services shall make a report regarding the South
Dakota long-term care partnership program as described in section 2 of this Act to the
Legislature during the Eighty-second Legislative Session.
This Act shall become effective upon passage of an amendment to section 1917
(b)(1)(C) of the Social Security Act by the United States Congress that authorizes the
establishment of a long-term care partnership program.