Nelson v. South Dakota Department of Social Services

ZINTER, Justice.

[¶ 1.] The South Dakota Department of Human Services (the Department) denied Mickey Nelson’s application for Home and Community Based Services (HCBS), a federal-state Medicaid Waiver program that provides assistance to individuals with developmental disabilities. 1 After a hearing, an administrative law judge affirmed the Department’s denial. Nelson appealed to circuit court, which also affirmed the Department’s denial. We affirm.

Facts and Procedural History

[¶2.] Mickey Nelson is a 48-year-old who lives without institutional care in Sioux Falls. Nelson has “borderline…