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Medicaid Planning · South Dakota

South Dakota Medicaid estate recovery

Medicaid estate recovery rules for South Dakota.

Published: Not yet published. Last checked: September 2, 2026.

Recovery scope

Expanded recovery includes probate assets and other legal interests passing by joint tenancy, tenancy in common, survivorship, life estate, living trust, other arrangements, and qualifying prepaid-burial balances.

Source: South Dakota Administrative Rules 67:48:02:01 [state-medicaid-agency] — Estate definition effective June 30, 2014

Controlling authority

South Dakota Administrative Rules chapter 67:48

Source: South Dakota Administrative Rules 67:48:02:01 [state-medicaid-agency] — Estate definition effective June 30, 2014

Exemptions and deferrals

Source unavailable. Check with the state Medicaid agency.

State Medicaid agency

Hardship-waiver path

Source unavailable. Check with the state Medicaid agency.

State Medicaid agency

Lien practice

DSS may impose a lien when a recipient retains a home, is institutionalized, and cannot return, subject to protected-relative exceptions; release and return home removes it.

Source: South Dakota DSS Medicaid Liens brochure [state-medicaid-agency] — Dated December 2025

Sources and update policy

Methodology & sources

Checked at least annually and whenever recovery statutes, waivers, liens, or agency practices change.

This page is educational and is not legal advice.