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Medicaid Planning · South Dakota

South Dakota Medicaid estate recovery

Medicaid estate recovery rules for South Dakota.

Published: September 5, 2026. Last checked: September 5, 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

Recovery is postponed while a surviving spouse lives and while a surviving child is under 21 or blind or permanently and totally disabled; the program also recognizes protected American Indian and Alaska Native property.

Source: South Dakota DSS Estate Recovery brochure [state-medicaid-agency] — Dated August 2026

Hardship-waiver path

DSS may compromise or waive a claim when recovery would cause severe financial distress or significantly compromise an heir's health care or shelter.

Source: South Dakota Medicaid State Plan Attachment 4.17-A [state-plan] — TN 09-1 approved August 27, 2009; effective July 1, 2009

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 November 2025

Sources

Methodology & sources

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

General information, not legal advice.