South Dakota § 28-6-16 - Definition of terms.
Full text of South Dakota South Dakota Codified Laws § 28-6-16 — Definition of terms., with citation guidance and answers to common questions.
§ 28-6-16. Definition of terms.
Terms used in §§ 28-6-16 to 28-6-22, inclusive, mean:
(1) "Community spouse," the spouse of an institutionalized spouse;
(2) "Deeming" or "deemed," the determination by the department that nonexempt resources or income of a spouse is available to an institutionalized spouse;
(3) "Department," the Department of Social Services;
(4) "Exempt income," any income which may not be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(5) "Exempt resources," any resources which may not be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(6) "Income," any earned or unearned income under rules adopted pursuant to § 28-6-1;
(7) "Institutionalized spouse," an individual who is applying for or receiving long-term care and is married to a spouse who is not in long-term care;
(8) "Long-term care," skilled nursing care and related services for residents who require medical or nursing care; rehabilitation services for the rehabilitation of injured, disabled or sick persons; or on a regular basis, health-related care and services to individuals who because of their mental or physical condition require care and services above the level of room and board which can be made available to them only through institutional facilities, and is not primarily for the care and treatment of mental disease;
(9) "Nonexempt income," any income which may be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(10) "Nonexempt resources," any resources which may be considered in determining eligibility for medical assistance pursuant to § 28-6-1;
(11) "Resources," any cash or other liquid assets or any real or personal property under rules adopted pursuant to § 28-6-1;
(12) "Spousal share," the amount of nonexempt income or resources unavailable to an institutionalized spouse, for the purposes of determining eligibility for long-term care, under §§ 28-6-16 to 28-6-22, inclusive.
Source: SL 1989, ch 243, § 1; SL 1990, ch 208, § 1.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 28-6-16
What does South Dakota Codified Laws § 28-6-16 cover?
Section 28-6-16 ("Definition of terms.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 28-6-16?
A common citation format is "South Dakota Codified Laws § 28-6-16" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 28-6-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.