S.D. Codified Laws § 28-10-18 — SD Code / Title 28 / Chapter 10 / Section 28-10-18
Cooperation with public and private agencies in rehabilitation studies and programs
Status: in_force

In carrying out the purposes of this chapter, the Division of Service to the Blind and Visually Impaired may cooperate with other departments, agencies, and institutions, both public and private, in providing for the vocational rehabilitation of persons with visual disabilities in studying the problems and in establishing, developing and providing, in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable.

Source: SL 1947, ch 248, § 4; SDC Supp 1960, § 55.39B04 (1); SL 1994, ch 231, § 10.
S.D. Codified Laws § 28-6-31 — SD Code / Title 28 / Chapter 6 / Section 28-6-31
Payments to be remitted to department for credit to health care trust fund
Status: in_force

Each publicly owned and operated nursing facility participating under the provisions of §§ 28-6-28 to 28-6-36 , inclusive, immediately upon receiving a payment under § 28-6-30 , shall remit the amount of that payment, less a transaction fee, to the department for credit to:

(1) The health care trust fund as provided in S.D. Const., Art. XII, § 5 in an amount equal to the applicable federal medical assistance percentage times the total remittance to the department, less the transaction fee; and

(2) The department's other funds for all remaining amounts.

Source: SL 2000, ch 132, § 4; SL 2001, ch 152, § 1.
S.D. Codified Laws § 28-18-1 — SD Code / Title 28 / Chapter 18 / Section 28-18-1
Formation of nonprofit corporations for care of aged authorized
Status: in_force

Authority is hereby given for the incorporation of nonprofit self - sustaining corporations formed for the care and accommodation of aged persons, when duly licensed as approved by the laws of the State of South Dakota.

Source: SL 1953, ch 302, § 1; SDC Supp 1960, § 27.1209.
S.D. Codified Laws § 28-18-18 — SD Code / Title 28 / Chapter 18 / Section 28-18-18
Operational expenses paid from special fund--Appropriations for payment of bonds
Status: in_force

From the fund created pursuant to § 28-18-14 shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the facilities, and the revenues remaining in said fund from time to time after payment of such expenses shall be appropriated to a separate account to the extent necessary for the payment of principal of and interest on the bonds and maintenance of such reserves securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.

Source: SL 1963, ch 286, § 2.
S.D. Codified Laws § 28-21-5 — SD Code / Title 28 / Chapter 21 / Section 28-21-5
Immunity from liability
Status: in_force

The council, each council member, the state investment officer, and each employee of the Division of Investment personally is immune from any and all liability for actions taken in good faith in the discharge of the council's responsibilities under this chapter.

Source: SL 2016, ch 149, § 5.
S.D. Codified Laws § 28-13-16 — SD Code / Title 28 / Chapter 13 / Section 28-13-16
County commissioners to have responsibility for care and relief of poor persons
Status: in_force

The county commissioners in each county are responsible for the care and relief of all poor persons in the county as provided by this chapter as long as those persons remain eligible. The commissioners may designate a county official to assist in the coordination of poor relief information with other counties.

Source: SDC 1939, § 50.0201; SL 1980, ch 202, § 3; SL 1986, ch 234; SL 1997, ch 170, § 2.
S.D. Codified Laws § 28-13-44 — SD Code / Title 28 / Chapter 13 / Section 28-13-44
Bankruptcy not admissible in making determination of indigency
Status: in_force

The fact that an individual has filed a petition in bankruptcy or has received a discharge in bankruptcy under Title 11 of the United States Code is not admissible evidence in a proceeding under this chapter and may not be considered in making a determination of indigency.

Source: SL 1995, ch 166; SL 1997, ch 170, § 21.
S.D. Codified Laws § 28-7A-9 — SD Code / Title 28 / Chapter 7A / Section 28-7A-9
Assessment of skills, work experience, and employability
Status: in_force

The department shall make such assessment of the skills, prior work experience, and employability of eligible applicants or recipients as may be necessary and feasible for the purposes of this chapter.

Source: SL 1997, ch 166, § 10.
S.D. Codified Laws § 28-13-32.11 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.11
Determination of household's ability to purchase health insurance
Status: in_force

For purposes of subsections 28-13-27(6)(c) and (d), when determining whether the household was financially able to purchase health insurance which would have covered the medical costs the county is being requested to pay, the county shall use the following methodology:

(1) Determine the household's income and resources according to §§ 28-13-32.7 and 28-13-32.8 ;

(2) Determine the household's contributions for taxes, social security, medicare, and payments to other standard retirement programs according to subdivision 28-13-32.9 (1);

(3) Except for the medical expenses for which the household is requesting assistance, determine the household's expenses according to subdivision 28-13-32.9 (2);

(4) Determine the amount of the household's discretionary income by subtracting the sum of the household's contributions and expenses from the household's income. Divide the amount of the household's discretionary income in half. The result added to the household's adjusted resources determined according to § 28-13-32.8 equals the household's discretionary income that was available to purchase health insurance;

(5) Subtract the amount of the monthly health insurance premium that was available to the household if known or, if unknown, an estimate of the premium the household could be expected to incur. For purposes of this subdivision, the county shall establish such estimate either by obtaining premium estimates from two major medical insurance carriers doing business in the state or by using an estimate based on the rate data provided to the county by the Division of Insurance of the Department of Labor and Regulation. The policy used shall have a benefit design that equals or exceeds the benefit design of the basic benefit plan as developed by the Health Benefit Plan Committee pursuant to § 58-18B-32. If the result is a negative number, the health insurance was not affordable. If the result is a positive number, health insurance was affordable and the individual is considered to be indigent by design.

Source: SL 2000, ch 134, § 2; SL 2004, ch 17, § 36; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 162, eff. Apr. 12, 2011.
S.D. Codified Laws § 28-17-5 — SD Code / Title 28 / Chapter 17 / Section 28-17-5
Contract for burial space and cemetery services
Status: in_force

In addition to the burial and cremation expenses provided in § 28-17-4 , the county commissioners may contract with cemeteries within the state for burial space in a cemetery and the opening and closing of the grave.

Source: SDC 1939, § 12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 1972, ch 160; SL 1975, ch 185; SL 2012, ch 152, § 5.
S.D. Codified Laws § 28-1-49 — SD Code / Title 28 / Chapter 1 / Section 28-1-49
Payments to recipients of supplemental security income--Establishment program
Status: in_force

The Department of Social Services shall establish a program for payment of an optional state supplement to recipients of supplemental security income from the federal government.

Source: SL 1981, ch 199, § 21.
S.D. Codified Laws § 28-14-7 — SD Code / Title 28 / Chapter 14 / Section 28-14-7
Recording of poor relief payments by county auditor--Contents of record--Place of filing
Status: in_force

It shall be the duty of the county auditor, immediately after issuing of county warrants or payment of cash, as the case may be, for the benefit of any poor person, to record the name of such poor person for whose benefit such warrants or cash were issued, the amount thereof, the purpose for which such warrants or cash were issued, together with the name of the fund from which such warrants or cash were drawn, all properly indexed, and to subsequently record in a like manner each additional payment made by the county for such poor person. Such record shall be filed in the office of the register of deeds of the county in which such poor person resides, and in the county of his legal residence or last residence, if he is an inmate of any state institution or deceased.

Source: SDC 1939, § 39.1703; SL 1953, ch 209, § 2.
S.D. Codified Laws § 28-13-1.2 — SD Code / Title 28 / Chapter 13 / Section 28-13-1.2
Considerations in establishing eligibility standards
Status: in_force

A county in establishing eligibility standards for county poor relief shall take into consideration an applicant's total economic resources including current assets and income, sources of financial support to which the applicant is legally entitled and total economic needs. In a case involving support among family members the county shall take into consideration family size, total family economic resources, and total family economic needs.

Source: SL 1984, ch 203, § 2.
S.D. Codified Laws § 28-13-35 — SD Code / Title 28 / Chapter 13 / Section 28-13-35
Substitute arrangements for hospitalized indigent patient--County not liable to hospital after failure to cooperate
Status: in_force

In any case of hospitalization of a medically indigent person, the county, through any elected officer or through an employee, may arrange for adequate and suitable care of the person elsewhere. If the county notifies the hospital in writing of its arrangement for the removal of the medically indigent person and the hospital unreasonably fails or refuses to cooperate in effecting the change, the county is not liable for any hospitalization subsequent to the hospital's failure or refusal to cooperate.

Source: SL 1953, ch 131, § 4; SDC Supp 1960, § 27.12B04; SL 1997, ch 170, § 18.
S.D. Codified Laws § 28-1-28 — SD Code / Title 28 / Chapter 1 / Section 28-1-28
Civil action for reimbursement from persons responsible for support
Status: in_force

Whenever any payment of public moneys administered by the Department of Social Services has been made to any person who has been granted public aid or assistance, the department may bring a civil action against any person responsible therefor, as provided by law, to recover such moneys as have been paid for support or aid.

Source: SL 1963, ch 334; SL 2004, ch 167, § 19.
S.D. Codified Laws § 28-6-18 — SD Code / Title 28 / Chapter 6 / Section 28-6-18
Promulgation of rules regarding income and resources in long-term care
Status: in_force

The department shall promulgate reasonable and necessary rules, pursuant to chapter 1-26 , relating to:

(1) The determination of exempt and nonexempt income in long-term care;

(2) The treatment of income in long-term care;

(3) The deeming of income in long-term care;

(4) The determination of the spousal minimum monthly allowance in long-term care;

(5) The determination of the spousal share of resources; and

(6) Such other standards and requirements as may be necessary for federal financial participation.

Source: SL 1989, ch 243, § 2; SL 2004, ch 167, § 54; SL 2019, ch 127, § 10.
S.D. Codified Laws § 28-6-5 — SD Code / Title 28 / Chapter 6 / Section 28-6-5
Opportunity provided to apply for assistance--Assistance furnished promptly
Status: in_force

Any person may apply for medical assistance, and assistance shall be furnished with reasonable promptness to those who are eligible.

Source: SL 1966, ch 191, § 4 (1); SL 1981, ch 199, § 32.
S.D. Codified Laws § 28-1-31 — SD Code / Title 28 / Chapter 1 / Section 28-1-31
Adoption and child placement records remain confidential
Status: in_force

Nothing contained in § 28-1-29 may be construed to authorize or require the disclosure of any records of the Department of Social Services pertaining to adoptions or pertaining to children placed in foster homes for adoption or other purposes.

Source: SDC 1939, § 55.3622 as added by SL 1953, ch 295, § 1; SL 2004, ch 167, § 21.
S.D. Codified Laws § 28-13-17 — SD Code / Title 28 / Chapter 13 / Section 28-13-17
Proceedings by and against commissioners in name of county
Status: in_force

In all actions or proceedings in favor of or against any such commissioners, pertaining to or connected with the poor of their respective counties, the same shall be conducted in favor of or against such county in its corporate name.

Source: SDC 1939, § 50.0206.
S.D. Codified Laws § 28-1-50 — SD Code / Title 28 / Chapter 1 / Section 28-1-50
Rules for administration and operation of programs
Status: in_force

The secretary of social services may adopt reasonable and necessary rules for the administration and operation of the programs authorized by §§ 28-1-46 to 28-1-49 , inclusive. Such rules may include the following areas:

(1) Eligibility criteria;

(2) Levels of payment;

(3) Administration, audit requirements, and record keeping; and

(4) Such other standards and requirements as may be necessary for federal financial participation.

Source: SL 1981, ch 199, § 22.
S.D. Codified Laws § 28-6-6 — SD Code / Title 28 / Chapter 6 / Section 28-6-6
Fair hearing on denial or delay in assistance
Status: in_force

The department shall promulgate rules pursuant to chapter 1-26 requiring an opportunity for fair hearing before the Department of Social Services by any individual whose claim for assistance is denied or not acted upon with reasonable promptness.

Source: SL 1966, ch 191, § 4(2); SL 2004, ch 167, § 52.
S.D. Codified Laws § 28-1-1 — SD Code / Title 28 / Chapter 1 / Section 28-1-1
Duties of department--System of social security--Compliance with federal acts--Administration of programs
Status: in_force

The Department of Social Services shall provide a system of social security for the people of South Dakota, enable the State of South Dakota to comply with the provisions of the federal Social Security Act and other federal and state enactments relating to social services, accept grants of federal funds for the purposes enumerated in these acts, administer programs for the security and protection of children, youth, families, adults, and the elderly, as authorized by the Legislature, and provide moneys necessary for the purposes of social security.

Source: SDC 1939, § 55.3601; SL 1981, ch 199, § 25.
S.D. Codified Laws § 28-13-3 — SD Code / Title 28 / Chapter 13 / Section 28-13-3
Residency required for assistance--Establishment
Status: in_force

Except as otherwise provided in this chapter, any person, in order to be entitled to assistance, shall have an established residency in the state, and in the county where the application is made. The residency shall be established by his personal presence, in a fixed and permanent abode and his intention to remain there. In determining the residency of an applicant the county commissioners may consider the establishment of a local bank account by the applicant, the applicant's driver's license address, an automobile registration, the enrollment of applicant's children in a local school, and the applicant's voter registration; however, the absence of any of the above considerations shall not be a positive determination of nonresidency.

Source: SDC 1939, § 50.0102 (4); SL 1976, ch 173, § 3; SL 1980, ch 202, § 2.
S.D. Codified Laws § 28-14-18 — SD Code / Title 28 / Chapter 14 / Section 28-14-18
Recording of satisfactions and releases--No fee--Marginal notation by register of deeds
Status: in_force

All satisfactions, partial satisfactions, releases, and partial releases so executed shall be filed for record in the office of the register of deeds of the respective county or counties in which is located the real property so released from such lien. Such filing and recording of such partial satisfaction, satisfactions, releases, or partial releases shall be done without any fee being charged or paid therefor. The register of deeds shall also note the fact of such satisfactions, partial satisfaction, or release or partial release upon the margin of any record of such lien in that office.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.
S.D. Codified Laws § 28-1-80 — SD Code / Title 28 / Chapter 1 / Section 28-1-80
Confidentiality of investigative records and files of program
Status: in_force

All investigative records and files of the program established pursuant to §§ 28-1-78 to 28-1-81 , inclusive, are confidential. No investigative record may be released except to department personnel, federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of fraudulent acts. No investigative record or file may be released to any other person except pursuant to a court order. All collection files are confidential. No collection file may be released except in accordance with recipient confidentiality requirements of the department.

Source: SL 2005, ch 146, § 3.
S.D. Codified Laws § 28-13-27.2 — SD Code / Title 28 / Chapter 13 / Section 28-13-27.2
Cost guidelines for medical and remedial services
Status: in_force

Except for the costs of emergency hospital services, a county may adopt guidelines which define the amount, scope, and duration of medical and remedial services available to eligible persons and the basis for and extent of payments made to providers by counties on behalf of eligible persons.

Source: SL 1997, ch 170, § 6.
S.D. Codified Laws § 28-13-1.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-1.1
"Indigent or poor person" defined--Eligibility standards
Status: in_force

For the purposes of this chapter, an indigent or poor person is any person who does not have sufficient money, credit, or property to be self - supporting; who has no one to look to who is legally required to provide support; or who is unable to be self - supporting through work because of illness or injury. In applying this definition, each county shall establish reasonable eligibility standards for county poor relief.

Source: SL 1984, ch 203, § 1; SL 1997, ch 170, § 1.
S.D. Codified Laws § 28-1-32 — SD Code / Title 28 / Chapter 1 / Section 28-1-32
Rules governing custody, use and preservation of records--Use in actions involving public officers and employees
Status: in_force

The department shall, by rules promulgated pursuant to chapter 1-26 , establish and enforce reasonable rules governing the custody, use, and preservation of the records, papers, files, and communications of the state and county divisions. The provisions of this section do not prevent the proper use of such records as evidence in civil or criminal actions by or against state or county officers and employees or their sureties involving the use or misuse of public funds or confidential records, or misfeasance or malfeasance in office.

Source: SL 1941, ch 326, § 1; SL 1953, ch 295, § 2; SDC Supp 1960, § 55.36 22-1 ; SL 2004, ch 167, § 22.
S.D. Codified Laws § 28-13-14 — SD Code / Title 28 / Chapter 13 / Section 28-13-14
Residency not established by residence in health care facility
Status: in_force

An occupant or patient of any health care facility, licensed pursuant to the provisions of chapter 34-12 , who has not otherwise established residency in accordance with § 28-13-3 in the county where such facility is situated, shall not establish residency in such county solely by virtue of becoming and remaining an occupant or patient of such facility.

Source: SL 1951, ch 254, § 2; SDC Supp 1960, § 50.0102-1; SL 1972, ch 158, § 2; SL 1976, ch 173, § 9.
S.D. Codified Laws § 28-6A-10 — SD Code / Title 28 / Chapter 6A / Section 28-6A-10
Contracts authorized for assistance from other agencies
Status: in_force

The secretary of the Department of Social Services may contract with any appropriate agency for assistance in carrying out the purposes of this chapter.

Source: SL 1976, ch 219, § 5; SL 2004, ch 167, § 57.
S.D. Codified Laws § 28-14-1 — SD Code / Title 28 / Chapter 14 / Section 28-14-1
County claim for reimbursement from person relieved--Enforcement against property
Status: in_force

When any county shall furnish relief to any person under the provisions of chapter 28-13 , such county shall have a claim against the person so relieved for the value of such relief, which may be enforced against any property, not exempt from execution, which such person may have or later acquire.

Source: SDC 1939, § 50.0107; SL 1941, ch 211, § 5.
S.D. Codified Laws § 28-13-32.3 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.3
Medical indigency required for poor relief assistance in the event of hospitalization--Application required--Time--Limitation
Status: in_force

To receive assistance under this chapter for the costs of hospitalization, a person must be medically indigent as defined in § 28-13-1.3 . The person or someone acting on behalf of the person shall apply to the person's county of residence for assistance within two years of the date of the hospital's discharge of the person.

Source: SL 1988, ch 226, § 3; SL 1997, ch 170, § 9; SL 2002, ch 137, § 1.
S.D. Codified Laws § 28-7A-6 — SD Code / Title 28 / Chapter 7A / Section 28-7A-6
Cooperation with paternity and child support proceedings required
Status: in_force

An applicant or recipient of assistance under this chapter shall, as a condition of eligibility for assistance, cooperate with proceedings to establish paternity and to enforce, collect, or modify child support on behalf of any child for whom assistance is claimed or received.

Source: SL 1997, ch 166, § 7.
S.D. Codified Laws § 28-21-1 — SD Code / Title 28 / Chapter 21 / Section 28-21-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "ABLE savings program," a qualified savings program established under section 529A of the Internal Revenue Code, 26 U.S.C. 529A;

(2) "Council," the South Dakota Investment Council.

Source: SL 2016, ch 149, § 1.
S.D. Codified Laws § 28-10-8 — SD Code / Title 28 / Chapter 10 / Section 28-10-8
Delegation of powers by director--Powers not subject to delegation
Status: in_force

The director of service to the blind and visually impaired may delegate to any officer or employee of the Division of Service to the Blind and Visually Impaired such of his powers and duties, except the making of the division's rules, as may be necessary or appropriate.

Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (8); SL 1977, ch 226, § 19.
S.D. Codified Laws § 28-1-11 — SD Code / Title 28 / Chapter 1 / Section 28-1-11
Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department
Status: in_force

The attorney general shall appoint an assistant attorney general for the Department of Social Services whose compensation shall be fixed by the attorney general, to be paid from public welfare funds.

Subject to the direction of the attorney general, the assistant attorney general shall supervise the enforcement of all laws pertaining to desertion, nonsupport, recipient fraud, and similar statutes for which a penalty is provided in any case in which public assistance has been granted or applied for under the welfare laws of this state. The assistant attorney general shall cooperate with and assist the several state's attorneys of the State of South Dakota in such actions and proceedings; be the official information agent for the State of South Dakota pursuant to chapter 25-9C ; and initiate and prosecute civil and criminal actions on behalf of the Department of Social Services, and appear on behalf of the department in any court in which any action or proceeding is pending involving the welfare of the indigent.

Source: SL 1963, ch 333; SL 1966, ch 169; SL 2004, ch 167, § 12; SL 2015, ch 148, § 83.
S.D. Codified Laws § 28-1-84 — SD Code / Title 28 / Chapter 1 / Section 28-1-84
Unauthorized supplemental nutrition assistance program benefits--Definition
Status: in_force

As used in §§ 28-1-82 to 28-1-84 , inclusive, the term, Supplemental Nutrition Assistance Program EBT card, means any electronic benefit transfer card issued for the purchase of food pursuant to the Food Stamp Act of 1997, 7 U.S.C. §§ 2011 to 2029, inclusive, in effect on January 1, 2005.

Source: SL 2005, ch 148, § 3; SL 2023, ch 94, § 4.
S.D. Codified Laws § 28-1-18 — SD Code / Title 28 / Chapter 1 / Section 28-1-18
Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance
Status: in_force

No person receiving a grant or whose needs are included in a grant under public assistance, as administered by the State of South Dakota, may at the same time receive a grant under any other type of public assistance administered by the State of South Dakota. However, a recipient of one of the other types of assistance may be the payee of a grant of temporary assistance for needy families for the benefit of a child or children under the payee's care. No person is eligible for any assistance or services from the State of South Dakota or its agencies or subdivisions until that person has exhausted all other sources of assistance or services available to the person or for which the person would be eligible if the person applied, including Veteran's Administration benefits, insurance, medical or hospital benefits, third - party liability, U.S. Public Health Services, Bureau of Indian Affairs, Department of Interior, Indian Health Service, or any other government or private entity, or any assistance or services provided by any agency of the United States government to an eligible person or to persons for whom the United States is responsible. Assistance or services under chapter 28-13 are not available sources for the purpose of this section.

Source: SL 1951, ch 302; SDC Supp 1960, § 55.36 12-1 ; SL 1982, ch 213, § 2; SL 2004, ch 167, § 18.
S.D. Codified Laws § 28-14-8 — SD Code / Title 28 / Chapter 14 / Section 28-14-8
Certified copies of record filed in other counties--Lien on property therein
Status: in_force

Certified copies of the record as to such aid to any poor person may be filed with the register of deeds of any county in the state, and shall thereupon be recorded and indexed as are similar records of such county and shall thereupon constitute notice of a lien upon any property of said poor or deceased person in said county.

Source: SDC 1939, § 39.1703; SL 1953, ch 209, § 2.
S.D. Codified Laws § 28-6B-3 — SD Code / Title 28 / Chapter 6B / Section 28-6B-3
Administration by department
Status: in_force

The department shall implement the prenatal care program and shall receive and distribute the state and federal funds appropriated or provided for benefits pursuant to this chapter.

Source: SL 2016, ch 148, § 3.
S.D. Codified Laws § 28-13-20 — SD Code / Title 28 / Chapter 13 / Section 28-13-20
Services required of applicant--Contract for repayment of assistance
Status: in_force

Whenever financial assistance is requested under the provisions of this chapter, the board of county commissioners may require the applicant to perform labor or other services of a public nature commensurate with the amount of aid desired or granted. In addition, the board may require the recipient of assistance to enter into a contract for the repayment of all or part of the assistance he receives.

Source: SDC 1939, § 50.0202; SL 1976, ch 173, § 11; SL 1982, ch 213, § 1.
S.D. Codified Laws § 28-14-19 — SD Code / Title 28 / Chapter 14 / Section 28-14-19
Termination of lien upon closing of estate
Status: in_force

Any lien or encumbrance against property created by this chapter shall terminate and be discharged upon the closing and termination of the estate of any person against whom any such lien or encumbrance is claimed.

Source: SL 1987, ch 206, § 1.
S.D. Codified Laws § 28-9-30 — SD Code / Title 28 / Chapter 9 / Section 28-9-30
Rehabilitation service provided to eligible persons
Status: in_force

The Division of Rehabilitation Services shall provide vocational rehabilitation and independent living services to individuals with disabilities determined by the director of rehabilitation services to be eligible.

Source: SL 1951, ch 46, § 4; SDC Supp 1960, § 15.08A04; SDCL, § 13-40-8; SL 1975, ch 128, § 276; SL 1993, ch 210, § 3; SL 1997, ch 169, § 5.
S.D. Codified Laws § 28-7A-2 — SD Code / Title 28 / Chapter 7A / Section 28-7A-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Assistance," includes money, services, goods, or other types of temporary assistance made with respect to any child or with respect to the parents of any child for whom federal funds are available to the state under this chapter;

(2) "Department," the Department of Social Services;

(3) "Title IV," including its derivatives, refers to Title IV of the federal Social Security Act.

Source: SL 1997, ch 166, § 2.
S.D. Codified Laws § 28-1-61 — SD Code / Title 28 / Chapter 1 / Section 28-1-61
Adoption of rules for child care services program
Status: in_force

The secretary of social services may adopt reasonable and necessary rules pursuant to chapter 1-26 for the administration of the child care services program in the following areas:

(1) Eligibility determination, criteria, and application procedure;

(2) The amount, scope, and duration of child care services and payments;

(3) Fees;

(4) Licensing and registration;

(5) Methods of administration, record keeping, and audit;

(6) Compliance monitoring;

(7) Complaint investigation;

(8) Reporting requirements;

(9) Eligibility criteria and procedures for grants, contracts, and awards to providers of child care services under § 28-1-60 ;

(10) Training, community and provider education, and child advocacy; and

(11) Such other standards and requirements as may be necessary to ensure the efficient operation and administration of the program or as required to qualify for federal funding.

Source: SL 1991, ch 222, § 2.
S.D. Codified Laws § 28-13-27.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-27.1
Medically necessary hospital services
Status: in_force

Medically necessary hospital services are services provided in a hospital which meet the following criteria:

(1) Are consistent with the person's symptoms, diagnosis, condition, or injury;

(2) Are recognized as the prevailing standard and are consistent with generally accepted professional medical standards of the provider's peer group;

(3) Are provided in response to a life - threatening condition; to treat pain, injury, illness, or infection; to treat a condition which would result in physical or mental disability; or to achieve a level of physical or mental function consistent with prevailing standards for the diagnosis or condition;

(4) Are not furnished primarily for the convenience of the person or the provider; and

(5) There is no other equally effective course of treatment available or suitable for the person needing the services which is more conservative or substantially less costly.

A county shall rely on the attending physician's determination as to medical necessity of hospital services unless evidence exists to the contrary.

Source: SL 1997, ch 170, § 5.
S.D. Codified Laws § 28-6A-2 — SD Code / Title 28 / Chapter 6A / Section 28-6A-2
Dialysis and transplant program to be established--Assistance rendered
Status: in_force

The Department of Social Services shall establish a program for the care and treatment of persons suffering from chronic renal failure requiring dialysis or a transplant. The department shall assist persons who require lifesaving care and treatment for renal failure, but have insufficient income and resources to pay for these services.

Source: SL 1976, ch 219, § 2; SL 1981, ch 214, § 1.
S.D. Codified Laws § 28-9-23 — SD Code / Title 28 / Chapter 9 / Section 28-9-23
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Director," the director of rehabilitation services;

(2) "Division," the Division of Rehabilitation Services;

(3) "Vocational rehabilitation" and "vocational rehabilitation services," any goods or services, found by the director to be necessary to render an individual with a disability employable including an assessment for determining eligibility and vocational rehabilitation needs.

Source: SL 1951, ch 46, § 1; SDC Supp 1960, § 15.08A01; SDCL, § 13-40-1; SL 1975, ch 128, § 269; SL 1993, ch 210, § 1; SL 1997, ch 169, § 1.
S.D. Codified Laws § 28-14-11 — SD Code / Title 28 / Chapter 14 / Section 28-14-11
Foreclosure of lien by action--Time of commencing action--Restrictions on enforcement against homestead
Status: in_force

Any lien established by virtue of these statutes may be foreclosed by action in the name of the county to satisfy the amount of the lien, together with interest, cost, and expenses of foreclosure. Such foreclosure shall not be commenced until one year after the last payment to or for the benefit of the poor person during the lifetime of the poor person or until after the death of the poor person.

Such lien shall not be enforced against the homestead of the poor person during his or her lifetime or while occupied as a homestead by the surviving spouse or minor children, except upon alienation.

Source: SDC 1939, § 39.1704; SL 1953, ch 209, § 3.
S.D. Codified Laws § 28-13-38 — SD Code / Title 28 / Chapter 13 / Section 28-13-38
Temporary relief to nonresident--Reimbursement by home county
Status: in_force

Whenever any person entitled to temporary relief as a poor person shall be in any county in which he has not established residency, the commissioners thereof may, if the same is deemed advisable, grant such relief by providing the same relief as is customary in cases where persons have established residency in the state and county. The county furnishing relief shall be entitled to reimbursements from the county in which said poor person has established residency.

Source: SDC 1939, § 50.0104; SL 1941, ch 211, § 4; SL 1976, ch 173, § 20.
S.D. Codified Laws § 28-6-28 — SD Code / Title 28 / Chapter 6 / Section 28-6-28
Definition of terms
Status: in_force

Terms used in §§ 28-6-28 to 28-6-36 , inclusive, mean:

(1) "Department," the Department of Social Services;

(2) "Fiscal period," up to a twelve - month period determined by the department;

(3) "Funding pool," pool of funds established in accordance with § 28-6-29 ;

(4) "Health care trust fund," the fund established as provided in S.D. Const., Art. XII, § 5 to hold the federal portion of the monetary difference between the medicaid payment and the medicare upper limits maximum allowable reimbursement, less transaction fees paid to publicly owned and operated nursing facilities;

(5) "Medical assistance," the medicaid program authorized by Title XIX of the Social Security Act, 42 U.S.C. 1396d, as amended through January 1, 2004, which provides medical assistance to eligible individuals and is operated under § 28-6-1 ;

(6) "Medicare," the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965 and as amended through January 1, 2004;

(7) "Nursing facility," any facility participating in medicaid that is licensed, maintained, and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician twenty - four hours a day;

(8) "Political subdivision," any municipality or county;

(9) "Publicly owned and operated nursing facility," a nursing facility that is owned and operated by a political subdivision of the state and is participating in medicaid.

Source: SL 2000, ch 132, § 1; SL 2001, ch 152, § 2; SL 2004, ch 167, § 56.
S.D. Codified Laws § 28-1-67 — SD Code / Title 28 / Chapter 1 / Section 28-1-67
Clearing account for child support enforcement collections
Status: in_force

The state treasurer, on behalf of the Department of Social Services, with the approval of the Bureau of Finance and Management, shall establish an account or system of accounts in the state treasury for the receipt and disbursement of child support enforcement collections. The department shall pay all moneys due to the federal government, county, or other local governmental units of South Dakota, or other state and local governmental units as well as all moneys due to private persons who are not recipients of aid under the South Dakota Title IV - a plan, and all other collections shall be remitted to the general fund on a quarterly basis, each remittance to be due thirty days after the end of each fiscal quarter.

Source: SL 1976, ch 166; SL 1977, ch 224; SDCL 28-7-17.4 ; SL 1997, ch 166, § 23.
S.D. Codified Laws § 28-18-3 — SD Code / Title 28 / Chapter 18 / Section 28-18-3
Self-liquidating bonds issued by nonprofit corporation
Status: in_force

Such board of directors may issue self - liquidating bonds for the purpose of constructing or equipping necessary facilities for the purposes of the corporation.

Source: SL 1953, ch 302, § 1; SDC Supp 1960, § 27.1209.
S.D. Codified Laws § 28-14-14 — SD Code / Title 28 / Chapter 14 / Section 28-14-14
Satisfaction of lien on full payment--Statement of satisfaction recorded with register of deeds--Marginal notation by register
Status: in_force

When full amount for which a lien against the property of any person shall have been established by virtue of the provisions of this chapter, as certified by the county auditor, shall be paid to the county treasurer of the county which shall have made such payment or payments, such lien shall be satisfied. Upon the receipt for such payment being presented to and filed with such county auditor that officer shall issue a statement, signed, and sealed, to the effect that such lien is satisfied. The statement so issued may be filed for record and recorded in the office of the register of deeds of each county in which a record of such lien has been made, without charge or fee therefor. The register of deeds shall also note the fact of such satisfaction of lien upon the margin of any record of such lien in that office.

Source: SDC 1939, § 39.1706 as enacted by SL 1941, ch 164, § 1.
S.D. Codified Laws § 28-14-9 — SD Code / Title 28 / Chapter 14 / Section 28-14-9
Record as notice of lien--Joint tenancy, homestead, and after-acquired property covered
Status: in_force

Such record shall be actual notice to all persons of a lien upon all property, real and personal, including joint tenancy and homestead interests belonging to such poor person, or to be thereafter acquired by the poor person or to the husband or wife of such poor person as the case may be, to the extent and amount obligated and paid by any county for the benefit of such poor person.

Source: SDC 1939, § 39.1703; SL 1953, ch 209, § 2.
S.D. Codified Laws § 28-14-2.1 — SD Code / Title 28 / Chapter 14 / Section 28-14-2.1
Relief to resident of less than sixty days--Reimbursement by prior county of residence
Status: in_force

If a county furnishes relief under the provisions of chapter 28-13 to any person who has been a resident of the county as determined by chapter 28-13 for less than sixty days prior to the making of an application for nonemergency hospitalization assistance as provided by § 28-13-34.1 or his being hospitalized in an emergency situation, and the county is unable to collect the amount of the relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person was a resident sixty days prior to application for hospitalization assistance or the emergency hospitalization. The county which furnishes the relief shall give notice of the claim for reimbursement to the county auditor of the county of which the person was last a resident. The county of which the person was last a resident shall make the reimbursement out of the poor relief funds for that county.

Source: SL 1984, ch 205, § 2; SL 1989, ch 30, § 55.
S.D. Codified Laws § 28-18-14 — SD Code / Title 28 / Chapter 18 / Section 28-18-14
Special fund created prior to delivery of bonds--Gross receipts pledged to fund
Status: in_force

Prior to delivery of any such bonds, the governing body shall by the resolutions required by § 28-18-7 create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or occupancy of the facilities and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof.

Source: SL 1963, ch 286, § 2.
S.D. Codified Laws § 28-13-32.10 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.10
Indigency by design
Status: in_force

If an individual is indigent by design, the individual is ineligible for medical assistance under the provisions of this chapter and there may be no other criteria used to determine eligibility.

Source: SL 1997, ch 170, § 22.
S.D. Codified Laws § 28-1-34 — SD Code / Title 28 / Chapter 1 / Section 28-1-34
Commercial and political use of public assistance records as misdemeanor
Status: in_force

It is a Class 2 misdemeanor for any person to make use of any lists or names of public assistance recipients for commercial or political purposes.

Source: SL 1941, ch 326, §§ 2, 3; SL 1953, ch 295, § 3; SDC Supp 1960, §§ 55.36 22-2 (2), 55.9935; SDCL, § 28-1-35 ; SL 2004, ch 167, § 24.
S.D. Codified Laws § 28-6-36 — SD Code / Title 28 / Chapter 6 / Section 28-6-36
No entitlement to funds
Status: in_force

Sections 28-6-28 to 28-6-36 , inclusive, do not create an entitlement to any funds. The department may disburse funds to the extent funds are available and, within its discretion, to the extent such appropriations are approved.

Source: SL 2000, ch 132, § 9.
S.D. Codified Laws § 28-13-32.8 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.8
Household resources
Status: in_force

For the purpose of determining a household's resources, the county shall consider all resources, including:

(1) Equity value of the household's primary residence, excluding the homestead exemption provided for in subdivision 43-45-3(2);

(2) Equity value of other real property;

(3) Equity value of major recreational and other leisure equipment including watercraft, campers, recreational vehicles, all - terrain vehicles, and snowmobiles;

(4) Equity value, in excess of five thousand dollars, of all motor vehicles;

(5) Personal assets, including cash in excess of one - half month's income, stocks, securities, accounts and notes due the person or the person's household, cash values of life insurance policies, collectible judicial judgments in favor of the person or the person's household, and monetary gifts;

(6) Equity value of business property, including real estate, equipment, and inventory; and

(7) Equity value of household goods and personal property beyond that which is reasonably essential for everyday living and self - support.

Equity value is determined by subtracting an asset's outstanding indebtedness from its fair market value.

The county shall subtract five thousand dollars from the total of the household's countable resources to determine the household's adjusted resources.

Source: SL 1997, ch 170, § 15.
S.D. Codified Laws § 28-14-20 — SD Code / Title 28 / Chapter 14 / Section 28-14-20
Termination of certain liens as matter of law
Status: in_force

Any lien or encumbrance created under this chapter prior to July 1, 1970, is hereby terminated as a matter of law.

Source: SL 1987, ch 206, § 2; SL 2001, ch 156, § 1.
S.D. Codified Laws § 28-10-14 — SD Code / Title 28 / Chapter 10 / Section 28-10-14
Review of determinations of counselor or coordinator--Written final determination by division director required
Status: in_force

The director shall establish procedures, pursuant to chapter 1-26 , for the review of determinations made by a rehabilitation counselor or coordinator upon the request of the individual with a visual disability, or the individual's parents or guardians. The procedures shall include a requirement that the final decision concerning the review of a determination be made in writing by the division director. The division director may not delegate responsibility to make a final decision to any other employee of the division.

Source: SL 1947, ch 248, § 9; SDC Supp 1960, § 55.39B09; SL 1977, ch 226, § 21; SL 1981, ch 218, § 2; SL 1989, ch 21, § 148; SL 1994, ch 231, § 7.
S.D. Codified Laws § 28-13-38.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-38.1
When hospitals outside state are eligible for reimbursement by county
Status: in_force

Hospitals located outside South Dakota are eligible for reimbursement from the county where the medically indigent person has established residency only if the hospital provides services which are not available in South Dakota or the hospital is approved by the county of residence of the medically indigent person as providing a reasonable or cost - effective service.

Source: SL 1988, ch 225, § 2; SL 1997, ch 170, § 20.
S.D. Codified Laws § 28-1-29 — SD Code / Title 28 / Chapter 1 / Section 28-1-29
Public assistance records confidential--Exceptions
Status: in_force

Any application or record concerning any applicant for, or recipient of, public assistance provided under the laws of this state through the Department of Social Services is confidential except:

(1) For inspection by any person duly authorized by this state or the United States in connection with the person's official duties;

(2) For the purpose of fair hearings as provided by law.

Source: SDC 1939, § 55.3622; SL 1941, ch 311; SL 1953, ch 295, § 1; SL 2004, ch 167, § 20.
S.D. Codified Laws § 28-6B-6 — SD Code / Title 28 / Chapter 6B / Section 28-6B-6
Scope of services
Status: in_force

The department shall determine the scope of services eligible to provide health coverage for the unborn child for this program in accordance with the federal regulations.

Source: SL 2016, ch 148, § 6.
S.D. Codified Laws § 28-8-29 — SD Code / Title 28 / Chapter 8 / Section 28-8-29
Recipient information confidential--Conditions for disclosure
Status: in_force

The use or disclosure of information obtained in connection with the administration of the comprehensive annual service programs concerning applicants for or recipients of such services is confidential and restricted to purposes directly connected with the administration of that program. However, such information may be disclosed with the prior written consent of the applicant or recipient or, if a minor, a parent or guardian, or, in accordance with such rules promulgated by the department, for purposes directly connected with the administration of any other related program.

Source: SL 1975, ch 188, § 5; SL 2004, ch 167, § 64.
S.D. Codified Laws § 28-13-32.4 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.4
Submission of application by hospital within one year of discharge--Contents--Additional information not to be required
Status: in_force

An application made by a hospital on behalf of a medically indigent person pursuant to § 28-13-32.3 shall be submitted to the county auditor within one year of the discharge of the indigent. The application shall include:

(1) The notice of hospitalization as provided in § 28-13-34.1 ;

(2) The dates of hospitalization;

(3) The final diagnosis;

(4) The cost of hospital services; and

(5) Any financial information in the possession of the hospital concerning the patient or the responsible party, including the availability of insurance coverage.

The county may not require the hospital to provide more information concerning such a medically indigent person than is contained in the application provided for in this section and the release of information provided for in § 28-13-34.2 .

Source: SL 1988, ch 226, § 4; SL 1997, ch 170, § 10.
S.D. Codified Laws § 28-6-1.2 — SD Code / Title 28 / Chapter 6 / Section 28-6-1.2
Reimbursement schedule for certain services--Medicaid program
Status: in_force

The Department of Social Services shall establish, maintain, and publish a reimbursement schedule for chiropractic, dental, and optometric services delivered under the Medicaid program. The schedule shall provide a reimbursement amount for each service.

The department shall determine reimbursement amounts, for each service, based on a percentage of current normal and customary fees in this state.

The department may seek the assistance of third parties to determine current normal and customary fees.

The department shall promulgate rules, pursuant to chapter 1-26 , to establish and annually adjust the reimbursement schedule.

Source: SL 2022, ch 87, § 1.
S.D. Codified Laws § 28-13-32.7 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.7
Determining household income--Sources
Status: in_force

For the purpose of determining a household's income, the county shall consider all sources of income, including the following:

(1) Compensation paid to household members for personal services, whether designated as gross salary, wages, commissions, bonus, or otherwise;

(2) Net income from self-employment, including profit or loss from a business, farm, or profession;

(3) Income from seasonal employment;

(4) Periodic payments from pensions or retirement programs, including social security, veterans' benefits, disability payments, and insurance contracts;

(5) Income from annuities or trusts, except for a trust held by a third party for the benefit of the minor children of the household;

(6) Interest, dividends, rents, royalties, or other gain derived from investments or capital assets;

(7) Gain or loss from the sale, trade, or conversion of capital assets;

(8) Reemployment assistance or unemployment insurance benefits and strike benefits;

(9) Workers' compensation benefits and settlements;

(10) Alimony and child support payments received; and

(11) School grants and stipends which are used for food, clothing, and housing but not for books and tuition.

A federal income tax return is the preferred source for determining earnings. If a federal income tax return is not representative of current earnings, the county may also require pay stubs which include gross and net earnings.

Source: SL 1997, ch 170, § 14; SL 2019, ch 216, § 34.
S.D. Codified Laws § 28-18-12 — SD Code / Title 28 / Chapter 18 / Section 28-18-12
Reference in bonds to authorizing resolutions--Negotiability
Status: in_force

Bonds issued pursuant to § 28-18-7 may refer to the authorizing resolution or resolutions for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8 , notwithstanding any conditions expressed therein or in the resolutions.

Source: SL 1963, ch 286, § 5; SL 1984, ch 43, § 107.
S.D. Codified Laws § 28-14-2.2 — SD Code / Title 28 / Chapter 14 / Section 28-14-2.2
Relief to person becoming resident for medical services--Reimbursement by prior county of residence
Status: in_force

If a county furnishes relief under the provisions of chapter 28-13 to any person with a preexisting medical condition who becomes a resident of the county as determined by chapter 28-13 solely to utilize the medical facilities of the county and the county is unable to collect the amount of the relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person was last a resident. The county which furnishes the relief shall give notice of the claim for reimbursement to the county auditor of the county of which the person was last a resident. The county of which the person was last a resident shall make the reimbursement out of the poor relief funds for that county.

Source: SL 1984, ch 205, § 3.
S.D. Codified Laws § 28-13-43 — SD Code / Title 28 / Chapter 13 / Section 28-13-43
Assignment or transfer of property to qualify for assistance as misdemeanor
Status: in_force

At any time before or after making an application for poor relief, an applicant may not assign or transfer any property for the purpose of becoming eligible for assistance under this chapter. Violation of this section is a Class 1 misdemeanor.

Source: SL 1980, ch 202, § 7.
S.D. Codified Laws § 28-7A-5 — SD Code / Title 28 / Chapter 7A / Section 28-7A-5
Social security number required for eligibility
Status: in_force

An applicant for or recipient of assistance under this chapter shall supply proof of or apply for a social security number as a condition of eligibility to receive assistance. The parent or relative with whom the child resides shall comply on behalf of a child for whom assistance is claimed.

Source: SL 1997, ch 166, § 6.
S.D. Codified Laws § 28-6-34 — SD Code / Title 28 / Chapter 6 / Section 28-6-34
Funds appropriated under §28-6-1may be used for payments under §28-6-30
Status: in_force

Funds appropriated to the department for purposes authorized under § 28-6-1 may be used for the purposes of making payments pursuant to § 28-6-30 each fiscal year.

Source: SL 2000, ch 132, § 7.
S.D. Codified Laws § 28-18-9 — SD Code / Title 28 / Chapter 18 / Section 28-18-9
Municipal revenue bonds payable solely from revenues--Credit and taxing power not pledged--Indebtedness not within constitutional limits
Status: in_force

Such revenue bonds shall be payable solely from and shall constitute a lien upon the gross revenues derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance with the provisions of this chapter. The credit and taxing powers of the municipality shall not be pledged for the payment of revenue bonds issued hereunder and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon. Nothing herein contained shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness.

Source: SL 1963, ch 286, §§ 1, 7.
S.D. Codified Laws § 28-8A-9 — SD Code / Title 28 / Chapter 8A / Section 28-8A-9
Personal attendant defined
Status: in_force

For the purposes of §§ 28-8A-10 and 36-9-28 , a personal attendant is a person who acts at the direction of a person with a disability and provides that person with medical, nursing, or home health care services that a person without a disability can perform.

Source: SL 1994, ch 230, § 1.
S.D. Codified Laws § 28-13-34.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-34.1
Notice to county where hospitalization is furnished to indigent person--Time for notice of emergency and nonemergency admissions--Contents of notice
Status: in_force

If hospitalization is furnished to a medically indigent person, the county is not liable for the cost of the hospitalization unless, within fifteen days in the case of an emergency admission, notice of the hospitalization is mailed to the auditor of the county. The notice shall contain:

(1) The name and last known address of the patient or the patient's guardian;

(2) The name and address of the responsible party, if known;

(3) The name of the attending physician;

(4) The nature and degree of severity of the illness;

(5) The anticipated diagnostic or therapeutic services required;

(6) The location at which the services are to be provided;

(7) The estimated reimbursement for the services; and

(8) A statement that the hospital has asked the patient or the responsible party, if known, whether the patient has served in any branch of the military, is potentially eligible for Indian Health Service benefits, or is a member of a Native American tribe and a statement of the information received in response to the inquiry.

Source: SL 1988, ch 226, § 1; SL 1989, ch 245; SL 1997, ch 170, § 17.
S.D. Codified Laws § 28-8A-6.1 — SD Code / Title 28 / Chapter 8A / Section 28-8A-6.1
Rules for attendant-care program
Status: in_force

The secretary of human services may adopt reasonable and necessary rules pertaining to the attendant - care program in the following areas:

(1) The amount, scope, and duration of care;

(2) The level and basis of payment;

(3) Eligibility determination;

(4) Administration, record keeping, and audit requirements; and

(5) Such other standards and requirements as may be necessary to ensure the efficient operation and administration of the program.

Source: SL 1988, ch 224, § 2; SL 1992, ch 372, § 19.
S.D. Codified Laws § 28-7A-18 — SD Code / Title 28 / Chapter 7A / Section 28-7A-18
Assistance not transferable--Assistance not subject to legal process--Exception
Status: in_force

Assistance granted under this chapter is not transferable or assignable at law or in equity. No money paid or assistance granted under this chapter is subject to execution, levy, attachment, garnishment, or other legal process, except as may be expressly authorized by law for purposes of recovery or recoupment by the department, or to the operation of any bankruptcy or insolvency law.

Source: SL 1997, ch 166, § 19.
S.D. Codified Laws § 28-6B-7 — SD Code / Title 28 / Chapter 6B / Section 28-6B-7
Medical issue unrelated to pregnancy not included
Status: in_force

No medical services for a medical issue unrelated to the pregnancy or separate to the mother is covered under this chapter.

Source: SL 2016, ch 148, § 7.
S.D. Codified Laws § 28-18-20 — SD Code / Title 28 / Chapter 18 / Section 28-18-20
Severability of provisions
Status: in_force

If any provision of §§ 28-18-7 to 28-18-19 , inclusive, or any resolution or resolutions authorizing the issuance of bonds pursuant to said sections, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of said sections or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of said sections, and the provisions and applications of said sections are declared to be severable.

Source: SL 1963, ch 286, § 7.
S.D. Codified Laws § 28-13-33 — SD Code / Title 28 / Chapter 13 / Section 28-13-33
County liability for emergency and nonemergency hospitalization of indigent persons--Remedies for recovery of expense by county
Status: in_force

Subject to the provisions of this chapter and except as expressly provided, if a hospital furnishes emergency hospital services to a medically indigent person, the county where the medically indigent person has established residency is liable to the hospital for the reimbursement of the hospitalization. In the case of nonemergency care, the county of residence is liable only to the extent that the board of county commissioners, in good faith, approves an application for assistance. If a county provides payment for nonemergency services, the services shall be approved by the county before the services are provided. To the extent that the county provides payment to a hospital, the county has the same remedies for the recovery of the expense as are provided by chapter 28-14 for the recovery of money expended for the relief and support of poor and indigent persons.

Source: SL 1953, ch 131, § 3; SDC Supp 1960, § 27.12B03; SL 1976, ch 173, § 19; SL 1988, ch 226, § 2; SL 1997, ch 170, § 11.
S.D. Codified Laws § 28-8-27 — SD Code / Title 28 / Chapter 8 / Section 28-8-27
Deposit and crediting of nonappropriated funds--Use by department--No reversion to general fund
Status: in_force

All privately donated funds and other nonappropriated funds shall be deposited with the state treasurer and credited to a program account designated by the department and any such funds are continuously appropriated for use by the Department of Social Services for the purpose of obtaining federal funds available under Title XX of the Social Security Act. No money received by the state treasurer pursuant to this section may revert to the general fund of the state.

Source: SL 1975, ch 188, § 6; SL 2004, ch 167, § 62.
S.D. Codified Laws § 28-7A-16 — SD Code / Title 28 / Chapter 7A / Section 28-7A-16
Denial, reduction, or termination of assistance to deter fraud and program abuse
Status: in_force

No applicant or recipient of assistance under this chapter may:

(1) Intentionally make or cause to be made any false statement or misrepresentation in any application, report, or other communication with the department; or

(2) Having knowledge of any event or circumstance affecting the initial or continued eligibility for assistance, intentionally conceal or fail to disclose that event or circumstance for the purpose of obtaining assistance.

The department may deny, reduce, or terminate assistance to any person or household who has violated this section for such period as may be reasonable or necessary to deter fraud or program abuse.

Source: SL 1997, ch 166, § 17.
S.D. Codified Laws § 28-13-16.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-16.1
Waiting period imposed at board's discretion while residency investigated
Status: in_force

The board of county commissioners may, except for their obligations under §§ 28-13-37 and 28-13-38 , impose upon applicants for assistance such a reasonable waiting period as they may determine to be necessary in order to adequately investigate and consider all factors relevant to determining whether an applicant has established residency in good faith in the state, and in the county where the application is made.

Source: SL 1976, ch 173, § 4.
S.D. Codified Laws § 28-17-3 — SD Code / Title 28 / Chapter 17 / Section 28-17-3
Selection of funeral director--Decision regarding burial or cremation--Advertising for bids prohibited
Status: in_force

The selection of a funeral director may be made by the tribe or next of kin, if any, otherwise by the board of county commissioners. The determination whether the decedent is buried or cremated may be made by the tribe or next of kin, if any, otherwise by the board of county commissioners. In no case may the county commissioners advertise for bids on burial or cremation of indigent poor.

Source: SDC 1939, § 12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 2012, ch 152, § 3.
S.D. Codified Laws § 28-13A-1 — SD Code / Title 28 / Chapter 13A / Section 28-13A-1
Establishment--Administration--Expenditures
Status: in_force

There is established a catastrophic county poor relief fund administered by the South Dakota Association of County Commissioners and the board of catastrophic county poor relief. Expenditures from the fund, including the cost to administer the program, shall be approved by the board.

Source: SL 1984, ch 204, § 1; SL 2009, ch 142, § 1.
S.D. Codified Laws § 28-13A-6 — SD Code / Title 28 / Chapter 13A / Section 28-13A-6
Reimbursement from fund--Eligibility--Application
Status: in_force

Any participating county which has incurred hospital and other medical claims in excess of twenty thousand dollars for any individual eligible for county poor relief in a twelve-month period may apply to the board for funds from the catastrophic county poor relief fund. The application shall include such information as the board of catastrophic county poor relief may prescribe.

Source: SL 1984, ch 204, § 7; SL 1985, ch 228, § 1; SL 2009, ch 142, § 2.
S.D. Codified Laws § 28-20-2 — SD Code / Title 28 / Chapter 20 / Section 28-20-2
Determination of debt--Notice of lien--Priority
Status: in_force

The Department of Social Services, upon a judicial determination of debt, or an administrative determination of debt under chapter 25-7A , may file a notice of lien pursuant to chapter 44-2 . The priority of this lien shall be established as of its date of filing.

Source: SL 1984, ch 206, § 2.
S.D. Codified Laws § 28-1-46 — SD Code / Title 28 / Chapter 1 / Section 28-1-46
Low-income energy assistance program--Agreements with other public agencies for establishment
Status: in_force

The Department of Social Services may enter into agreements with agencies of the United States and with other public agencies, as defined in subdivision 1-24-1(2), for the purpose of establishing and administering a low - income energy assistance program.

Source: SL 1981, ch 199, § 18.
S.D. Codified Laws § 28-13-32.5 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.5
Determining medical indigence--Annual income guideline
Status: in_force

For purposes of determining medical indigence, the county shall establish an annual income guideline for the person which is derived as follows:

(1) Using the housing index established in § 28-13-32.6 , determine the housing index for the person's county of residence. Multiply the county index by three hundred six dollars, the median gross rent of residences in South Dakota in 1996;

(2) Using the federal poverty guidelines adopted in rules promulgated by the Department of Social Services pursuant to chapter 1-26 , determine the federal poverty level for the household size and multiply that figure by one hundred seventy - five percent; and

(3) Add the results of subdivisions (1) and (2) of this section and multiply by twelve.

Source: SL 1997, ch 170, § 12; SL 1998, ch 165, § 1.
S.D. Codified Laws § 28-6-33 — SD Code / Title 28 / Chapter 6 / Section 28-6-33
Code provisions governing investment in health care trust fund
Status: in_force

The investment of moneys in the health care trust fund as provided in S.D. Const. Art., XII, § 5 is not restricted by the provisions of § 4-5-26 , but is governed by the provisions of § 4-5-27 .

Source: SL 2000, ch 132, § 6; SL 2001, ch 152, § 4.
S.D. Codified Laws § 28-6A-13 — SD Code / Title 28 / Chapter 6A / Section 28-6A-13
Schedule for copayment of service fees--Payments by applicant and department
Status: in_force

The secretary of social services shall adopt by rule a copayment schedule for services under this chapter. The schedule shall consider the income and resources of the applicant or recipient. The applicant or recipient shall pay the copayment directly to the service provider. The Department of Social Services shall pay to the service provider the remainder of the amount of benefits to which the applicant or recipient is entitled under this chapter.

Source: SL 1981, ch 214, § 4; SL 1982, ch 206.
S.D. Codified Laws § 28-14-16 — SD Code / Title 28 / Chapter 14 / Section 28-14-16
Filing with county auditor of application for satisfaction, compromise of lien, or correction of record
Status: in_force

In the event any person having any interest in any property against which a lien has been established as provided by this chapter desires to avail himself of the benefits of § 28-14-10 or of §§ 28-14-14 to 28-14-18 , inclusive, he may file with the county auditor in the county in which such lien originated a written application therefor, signed and sworn to by the applicant in which shall be set forth the facts upon which such application is based.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.
S.D. Codified Laws § 28-1-79 — SD Code / Title 28 / Chapter 1 / Section 28-1-79
Collection action to recover debts owed department
Status: in_force

The program may take any collection action provided for in state and federal law and regulation to recover debts owed the department.

Source: SL 2005, ch 146, § 2.
S.D. Codified Laws § 28-17-4 — SD Code / Title 28 / Chapter 17 / Section 28-17-4
Services required of funeral director--Sum allowed
Status: in_force

On county burials, the funeral director in charge shall furnish a casket and outside container and conduct the funeral services. On county cremations, the funeral director in charge shall furnish an urn or container and conduct the funeral services. The county shall allow the funeral director for merchandise and services rendered, a sum to be established by resolution of the board of county commissioners at the annual organizational meeting.

Source: SDC 1939, § 12.1911 as added by SL 1953, ch 24; SL 1967, ch 19; SL 1971, ch 170; SL 1972, ch 159; SL 1976, ch 173, § 24; SL 2012, ch 152, § 4.
S.D. Codified Laws § 28-21-2 — SD Code / Title 28 / Chapter 21 / Section 28-21-2
Determination of eligibility or amount of state or local benefits for ABLE savings program beneficiary
Status: in_force

When determining the eligibility or amount of benefits to be received by a designated beneficiary of an ABLE savings program, a state or local agency may not consider a contribution to an account in a qualified ABLE savings program, earnings on the contribution, or a distribution from the account for qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue Code, 26 U.S.C. 529A(e)(5), as of January 1, 2016.

Source: SL 2016, ch 149, § 2.
S.D. Codified Laws § 28-13-20.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-20.1
Regular county employees not replaced by poor relief applicants--Maximum hours of work
Status: in_force

No person required to perform labor or other services under § 28-13-20 shall be used to replace any regular employee of the county. No such person shall be required to work more than eight hours in a day nor more than forty hours in a week.

Source: SL 1976, ch 173, § 12.
S.D. Codified Laws § 28-13-37.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-37.1
Medical review by county or Department of Social Services
Status: in_force

A county may review the need for emergency room treatment, an admission, a transfer, a continued stay, or inpatient surgical services. At its option, a county may request the Department of Social Services to provide the needed reviews on the county's behalf. In either case, the review shall be conducted by or under the supervision of a physician licensed under chapter 36-4 , and shall be consistent with generally accepted medical practice guidelines.

Source: SL 1997, ch 170, § 27.
S.D. Codified Laws § 28-6-37 — SD Code / Title 28 / Chapter 6 / Section 28-6-37
Eligibility for nursing and rehabilitative services--Countable assets reduced by long-term care partnership program policy benefits
Status: in_force

When determining eligibility for nursing and rehabilitative services, if the individual is a beneficiary of an approved long-term care partnership program 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.

Source: SL 2006, ch 149, § 1; SL 2008, ch 142, § 1.
S.D. Codified Laws § 28-18-17 — SD Code / Title 28 / Chapter 18 / Section 28-18-17
Rentals and charges established by municipality--Expenses and bond retirement covered by revenues
Status: in_force

The governing body of each municipality issuing bonds under § 28-18-7 shall have the authority, and it shall be its duty, to establish and collect reasonable rentals or charges for the use and occupancy of and for the services furnished at such facilities. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the hospital, nursing facility, or other facility and sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.

Source: SL 1963, ch 286, § 3; SL 1968, ch 187.
S.D. Codified Laws § 28-8-24 — SD Code / Title 28 / Chapter 8 / Section 28-8-24
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) Deleted by SL 2004, ch 167, § 59.

(2) "Department," the Department of Social Services created by § 1-36-1 ; and

(3) "Secretary," the duly appointed, qualified, and acting head of the department created by § 1-36-2 .

Source: SL 1975, ch 188, § 2; SL 2004, ch 167, § 59.
S.D. Codified Laws § 28-13A-12 — SD Code / Title 28 / Chapter 13A / Section 28-13A-12
Children born during multiple birth considered as single individual--Multiple birth defined
Status: in_force

Children born during a multiple birth who incur medical expenses as a result of that birth shall be considered as a single individual in applying the provisions of §§ 28-13A-6 and 28-13A-7 . A multiple birth is one in which a child is born with one or more other children during one birth incident.

Source: SL 1987, ch 205.
S.D. Codified Laws § 28-13-1.3 — SD Code / Title 28 / Chapter 13 / Section 28-13-1.3
Medically indigent person defined
Status: in_force

A medically indigent person is one who meets the following criteria:

(1) Requires medically necessary hospital services for which no public or private third - party coverage, such as insurance, veterans' assistance, medicaid, or medicare, is available which covers the actual cost of hospitalization;

(2) Has no ability or only limited ability, as determined under the provisions of this chapter, to pay a debt for hospitalization;

(3) Has not voluntarily reduced or eliminated ownership or control of an asset for the purpose of establishing eligibility;

(4) Is not indigent by design; and

(5) Is not a veteran or a member of a Native American tribe who is eligible or would have been eligible for services through the veterans administration or the Indian Health Service if the services had been applied for within seventy - two hours of the person's admission.

Source: SL 1997, ch 170, § 4.
S.D. Codified Laws § 28-6B-5 — SD Code / Title 28 / Chapter 6B / Section 28-6B-5
Eligibility for program
Status: in_force

The department shall determine eligibility for this program using the same income limits and methodology used to determine eligibility for the pregnancy program under Title XIX.

Source: SL 2016, ch 148, § 5.
S.D. Codified Laws § 28-6-38 — SD Code / Title 28 / Chapter 6 / Section 28-6-38
South Dakota long-term care partnership program established
Status: in_force

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. (Pursuant to SL 2006, ch 149, § 4, this section becomes 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.)

Source: SL 2006, ch 149, § 2.
S.D. Codified Laws § 28-6-16 — SD Code / Title 28 / Chapter 6 / Section 28-6-16
Definition of terms
Status: in_force

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.
S.D. Codified Laws § 28-7A-23 — SD Code / Title 28 / Chapter 7A / Section 28-7A-23
Department may limit number of participants in work and education activity
Status: in_force

The Department of Social Services may limit the number of participants in the work and education activity to meet the requirements under the state's temporary assistance for needy families program.

Source: SL 2000, ch 133, § 4.
S.D. Codified Laws § 28-13A-9 — SD Code / Title 28 / Chapter 13A / Section 28-13A-9
Computation of counties' shares
Status: in_force

Each participating county's share of the catastrophic county poor relief fund shall be computed utilizing the following factors:

(1) The percent of the total population, minus individuals eligible for medicaid, of the participating counties in the state which reside in the county; and

(2) The percent of the taxable value of the participating counties in the state associated with the county as determined by the Department of Revenue.

Each participating county's share of the catastrophic county poor relief assessment shall be calculated by multiplying the average of the two factors by the total assessment.

Source: SL 1984, ch 204, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 28-13A-14 — SD Code / Title 28 / Chapter 13A / Section 28-13A-14
Disposition of contested claims
Status: in_force

The catastrophic county poor relief board shall issue the final decision on any claim contested under this chapter. A county may appeal the decision to the circuit court within thirty days after the date the county receives a written copy of the final decision.

Source: SL 1996, ch 186.
S.D. Codified Laws § 28-12-2 — SD Code / Title 28 / Chapter 12 / Section 28-12-2
Agreements between political subdivisions and division authorized
Status: in_force

The political subdivisions of this state are hereby authorized to enter into agreements and contracts with the Department of Social Services for the purposes set forth in this chapter.

Source: SL 1967, ch 269.
S.D. Codified Laws § 28-14-17 — SD Code / Title 28 / Chapter 14 / Section 28-14-17
Action and resolution by county commissioners on application--Execution of instruments
Status: in_force

Any such application shall be presented to the board of county commissioners of said county at its next regular meeting. If it appears to the satisfaction of the board that it will be to the best interest of the county and the circumstances of the case are such that the same is advisable, the board may, by proper resolution duly adopted authorize such stipulation, modification, quitclaim, release, partial release, discharge, extension, agreement, satisfaction, partial satisfaction, or subordination or other contract or agreement which will effect the purpose desired. Upon such resolution becoming effective and the payment of any sum specified, the chairman of the board of county commissioners and the county auditor shall be authorized to execute any such instrument on behalf of the county.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.
S.D. Codified Laws § 28-6-17 — SD Code / Title 28 / Chapter 6 / Section 28-6-17
Income and resources of spouses in long-term care--Division--Notice--Hearing
Status: in_force

The department shall determine the aggregate nonexempt resources and income of the community spouse and the institutionalized spouse at the beginning of a continuous period of institutionalization of the institutionalized spouse regardless of whether an application for long - term medical assistance is made at the time. After the aggregate nonexempt resources and income have been determined, the department shall determine a spousal share. The department shall notify the institutionalized spouse and the community spouse of the division of income and resources for the purpose of deeming in long - term care. If either the institutionalized spouse or the community spouse is dissatisfied with the division of income or resources, that spouse is entitled to a fair hearing pursuant to § 28-6-6 if there is an application for long - term care medical assistance. If an application for long - term care medical assistance is not made the department may charge a reasonable fee for its assessment.

Source: SL 1989, ch 243, § 3.
S.D. Codified Laws § 28-13-42 — SD Code / Title 28 / Chapter 13 / Section 28-13-42
Names of recipients not released for publication
Status: in_force

The county auditor or any other county official shall not release the name of any poor relief recipient for official publication.

Source: SL 1975, ch 79, § 1.
S.D. Codified Laws § 28-13-2 — SD Code / Title 28 / Chapter 13 / Section 28-13-2
Residency acquired for poor relief purposes
Status: in_force

A person may establish a residency in any county so as to oblige such county to relieve and support him, in case he is poor and stands in need of relief, as provided by §§ 28-13-3 to 28-13-16.2 , inclusive.

Source: SDC 1939, § 50.0102; SL 1976, ch 173, § 2.
S.D. Codified Laws § 28-13-20.2 — SD Code / Title 28 / Chapter 13 / Section 28-13-20.2
Refusal to work without just cause--Eligibility for assistance terminated
Status: in_force

Any person who without just cause refuses to report for work to which he has been assigned by the board of county commissioners, or by a welfare worker employed pursuant to § 28-13-22 , shall thereupon become ineligible for further assistance under this chapter until such work is commenced.

Source: SL 1976, ch 173, § 13.
S.D. Codified Laws § 28-10-16 — SD Code / Title 28 / Chapter 10 / Section 28-10-16
Unauthorized use of records and lists as misdemeanor--Dismissal
Status: in_force

It shall be a Class 1 misdemeanor and subject the violator to dismissal, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.

Source: SL 1947, ch 248, § 10; SDC Supp 1960, § 55.39B10.
S.D. Codified Laws § 28-1-64 — SD Code / Title 28 / Chapter 1 / Section 28-1-64
Payments by public agencies to adoptive parents with limited means--Costs covered--Rules
Status: in_force

The provisions of § 25-6-13 concerning the parents' financial ability to the contrary notwithstanding, the Department of Social Services or any other public agency may make payments as needed in behalf of a child with special needs after placement for adoption, including the necessary costs of the legal completion of the child's adoption. The department may make these payments if the family has the capability of providing the permanent family relationships needed by the child in all areas except financial, as determined by the department or a licensed child placement agency. It shall also be determined that the needs of the child are beyond the economic ability and resources of the family and that the child would go without adoption except for the acceptance of the child as a member of the adoptive family or that the child would become dependent upon the state for support. Such payments to adoptive parents may include maintenance costs, medical and surgical expenses, and other costs incidental to the care of the child. Payments for maintenance, medical, dental, or hospital care shall terminate on or before the child's twenty - first birthday. The secretary of social services may promulgate reasonable and necessary rules pursuant to chapter 1-26 to implement this section.

Source: SL 1970, ch 154; SL 1981, ch 199, § 43; SL 1990, ch 210; SDCL 28-7-3.1 ; SL 1997, ch 166, § 23; SL 2004, ch 167, § 38.
S.D. Codified Laws § 28-13-36 — SD Code / Title 28 / Chapter 13 / Section 28-13-36
Contractual arrangements between county and hospital not impaired
Status: in_force

Nothing in this chapter precludes a hospital and a county from entering into a reasonable and suitable arrangement, contract, or agreement for hospitalization of medically indigent persons at other rates than provided under this chapter, or abrogates or impairs any rights or remedies of either the county or the hospital under any such arrangement, contract, or agreement.

Source: SL 1953, ch 131, § 5; SDC Supp 1960, § 27.12B05; SL 1997, ch 170, § 19.
S.D. Codified Laws § 28-7A-15 — SD Code / Title 28 / Chapter 7A / Section 28-7A-15
Appeal by aggrieved applicant or recipient
Status: in_force

An applicant or recipient whose application is denied or not acted upon or who is aggrieved by any action affecting receipt, suspension, reduction, or termination of assistance may appeal the action or inaction as provided in chapter 1-26 .

Source: SL 1997, ch 166, § 16.
S.D. Codified Laws § 28-13-27 — SD Code / Title 28 / Chapter 13 / Section 28-13-27
Hospitalization of poor persons--Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Actual cost of hospitalization," the actual cost to a hospital of providing hospital services to a medically indigent person, determined by applying the ratios of costs to charges appearing on the statement of costs required in § 28-13-28 to charges at the hospital in effect at the time the hospital services are provided;

(2) "Emergency hospital services," treatment in the most appropriate hospital available to meet the emergency need. The physician, physician assistant, or certified nurse practitioner on duty or on call at the hospital must determine whether the individual requires emergency hospital care. The need for emergency hospital care is established if the absence of emergency care is expected to result in death, additional serious jeopardy to the individual's health, serious impairment to the individual's bodily functions, or serious dysfunction of any bodily organ or part. The term does not include care for which treatment is available and routinely provided in a clinic or physician's office;

(3) "Hospital," any hospital licensed as such by the state in which it is located;

(4) "Household," the patient, minor children of the patient living with the patient, and anyone else living with the patient to whom the patient has the legal right to look for support;

(5) "Nonemergency care," hospitalization which is medically necessary and recommended by a physician licensed under chapter 36-4 but does not require immediate care or attention;

(6) "Indigent by design," an individual who meets any one of the following criteria:

(a) Is able to work but has chosen not to work;

(b) Is a student at a postsecondary institution who has chosen not to purchase health insurance;

(c) Has failed to purchase or elect major medical health insurance or health benefits made available through an employer-based health benefit plan although the person was financially able, pursuant to § 28-13-32.11 , to purchase or elect the insurance or health benefits;

(d) Has failed to purchase available major medical health insurance although the individual was insurable and was financially able, pursuant to § 28-13-32.11 , to purchase the insurance. For purposes of this subdivision, an individual is presumed insurable unless the individual can produce sufficient evidence to show that the individual was declined major medical insurance by an insurance company and the individual did not qualify for any guarantees of major medical insurance available through any legal or contractual right that was not exercised; or

(e) Has transferred resources for purposes of establishing eligibility for medical assistance available under the provisions of this chapter. The lookback period for making this determination includes the thirty-six month period immediately prior to the onset of the individual's illness and continues through the period of time for which the individual is requesting services.

Source: SL 1953, ch 131, § 1; SDC Supp 1960, § 27.12B01; SL 1980, ch 202, § 4; SL 1984, ch 203, § 3; SL 1988, ch 225, § 1; SL 1991, ch 227, § 1; SL 1997, ch 170, § 3; SL 2000, ch 134, § 1; SL 2017, ch 171, § 50.
S.D. Codified Laws § 28-1-59 — SD Code / Title 28 / Chapter 1 / Section 28-1-59
Injury, disease, or death of work activity participant--Eligibility for medical and disability benefits
Status: in_force

A recipient of public assistance who incurs permanent partial disability, permanent total disability, death, or disease in the course of participation in a work activity is entitled to the same benefits as are set forth for work related injuries and diseases in Title 62. This provision does not include payment of medical expenses unless those expenses are necessitated by a permanent disability or disease. Eligibility for other public funded medical benefits shall reduce entitlement to medical benefits under this section accordingly. In order to receive the above - referenced disability benefits, a work activity participant must comply with all of the employee notice, reporting, and medical examination requirements set forth in Title 62. The initial report of injury shall be submitted by the work activity participant in writing to the Department of Social Services.

Source: SL 1982, ch 202, § 2A; SL 1997, ch 166, § 25.
S.D. Codified Laws § 28-6-29 — SD Code / Title 28 / Chapter 6 / Section 28-6-29
Funding pool established
Status: in_force

The department shall establish a funding pool consisting of an amount annually calculated by multiplying the total of all medical assistance resident days of all publicly owned and operated nursing facilities during the fiscal period during which a resident was eligible for and received benefits under chapter 28-6 times an amount that does not exceed the amount that can reasonably be estimated to be paid under payment principles established under medicare, reduced by the medical assistance payment rates set for each such resident, for each such day, during the fiscal period.

Source: SL 2000, ch 132, § 2; SL 2003, ch 155, § 1.
S.D. Codified Laws § 28-13-22 — SD Code / Title 28 / Chapter 13 / Section 28-13-22
Employment of welfare workers to distribute funds and supplies to poor
Status: in_force

Whenever the board of county commissioners, in any county having within its borders a municipal corporation of the first class, deems it necessary and advisable for the best interests of the county, for the protection of health or the promotion of morals and order within the county, to employ one or more persons to act as welfare workers in the distribution of funds or supplies to needy poor within the county, derived from any source, such board of county commissioners shall be empowered to employ such welfare workers.

Source: SDC 1939, § 12.1602.
S.D. Codified Laws § 28-8A-7.1 — SD Code / Title 28 / Chapter 8A / Section 28-8A-7.1
Direct payment for attendant-care services
Status: in_force

The secretary of human services may provide attendant - care services by direct payment to the recipient based on a bill submitted by the recipient monthly on a form prescribed by the Department of Human Services.

Source: SL 1988, ch 224, § 3; SL 1992, ch 372, § 19.
S.D. Codified Laws § 28-8-26 — SD Code / Title 28 / Chapter 8 / Section 28-8-26
Services for which fees prohibited--Low-income families
Status: in_force

Notwithstanding subdivision 28-8-25(6), no service fee may be imposed for any of the following services:

(1) Information or informational and referral services;

(2) Any services directed at the goal of preventing or remedying neglect, abuse, or exploitation of minor children or adults unable to protect their own interest;

(3) Any services provided to or on behalf of any eligible person defined by the department pursuant to Title XX of the Social Security Act; or

(4) Any services provided to or on behalf of a member of a family, the monthly gross income of which is less than an amount specified by the department, adjusted to take into account the size of the family, as may be required by the federal government.

Source: SL 1975, ch 188, § 3 (6); SL 2004, ch 167, § 61.
S.D. Codified Laws § 28-1-78 — SD Code / Title 28 / Chapter 1 / Section 28-1-78
Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators
Status: in_force

The department shall have a program of recoveries and fraud investigations to collect debts owed the department and to investigate allegations of fraud in all department assistance programs. Any fraud investigator for this program may:

(1) Initiate and conduct any investigation if the program has cause to believe that a fraudulent act has been committed by a recipient of assistance from department programs;

(2) Review any report or complaint of an alleged fraudulent act to determine whether such report requires further investigation and conduct such investigation;

(3) Obtain access to any record related to residence, household composition, employment, finances and resources, and medical records as authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104-199, as amended through January 1, 2005, to assist in investigation of an alleged fraudulent act and may require by administrative subpoena the production of any book, record, or other information; and

(4) Cooperate with federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of any fraudulent act where public assistance has been granted or applied for under the welfare laws of this state.

Source: SL 2005, ch 146, § 1.
S.D. Codified Laws § 28-1-81 — SD Code / Title 28 / Chapter 1 / Section 28-1-81
Report to Governor and Legislature concerning program activities
Status: in_force

The secretary of the Department of Social Services shall annually report to the Governor and the Legislature concerning the activities of the program including the number and type of cases investigated, the outcome of such investigations, and costs and expenditures incurred during such investigations.

Source: SL 2005, ch 146, § 4.
S.D. Codified Laws § 28-7A-22 — SD Code / Title 28 / Chapter 7A / Section 28-7A-22
Eligibility for work and education activity
Status: in_force

The recipient of the temporary assistance for needy families program must meet the following criteria to be approved for the work and education activity under the provisions of §§ 28-7A-20 to 28-7A-24 , inclusive:

(1) Must be enrolled in a postsecondary education program for a minimum of twelve credit hours. Credit hours to meet the requirement of this subdivision may not exceed fifteen;

(2) Must meet the admission requirements established by the institution;

(3) Must maintain a 2.5 grade point average; and

(4) Must have a combination of work hours and classroom hours that meet the work participation requirements of the state's temporary assistance for needy families program.

Source: SL 2000, ch 133, § 3.
S.D. Codified Laws § 28-18-7 — SD Code / Title 28 / Chapter 18 / Section 28-18-7
Municipal revenue bonds authorized for establishment and operation of facilities for the aged
Status: in_force

Any municipality may issue revenue bonds to provide funds for the purpose of acquiring, constructing, improving, operating, and maintaining municipal hospitals, nursing homes, retirement homes, or related institutions for the care of the aged or for the purpose of refunding outstanding revenue bonds issued under the provisions of this chapter.

Source: SL 1963, ch 286, § 1; SL 1984, ch 43, § 104.
S.D. Codified Laws § 28-1-48 — SD Code / Title 28 / Chapter 1 / Section 28-1-48
Citizens returning from abroad--Agreements with federal agencies for participation
Status: in_force

The Department of Social Services may enter into agreements with agencies of the United States for the purpose of participating in the program of temporary assistance for American citizens returned from abroad (P.L. 94-44).

Source: SL 1981, ch 199, § 20.
S.D. Codified Laws § 28-13-32 — SD Code / Title 28 / Chapter 13 / Section 28-13-32
County commissioners' objections to statements
Status: in_force

Any board of county commissioners may at any time file, with the secretary of social services and the hospital concerned, objections in writing to any such statement of costs, any items therein, or amended thereto, which objections shall be passed upon by the secretary.

Source: SL 1953, ch 131, § 2; SDC Supp 1960, § 27.12B02; SL 1976, ch 173, § 18; SL 1991, ch 227, § 6; SL 1997, ch 170, § 25.
S.D. Codified Laws § 28-6-32 — SD Code / Title 28 / Chapter 6 / Section 28-6-32
Publicly owned and operated nursing facility may receive and shall remit payments under §§28-6-30and28-6-31--Exception
Status: in_force

Notwithstanding any other provision of law governing the operation of a publicly owned and operated nursing facility, a publicly owned and operated nursing facility participating under the provisions of §§ 28-6-28 to 28-6-36 , inclusive, may receive and immediately upon receipt shall remit payments provided under §§ 28-6-30 and 28-6-31 . No payment is required under this section for any period in which the use of funds for the purposes of §§ 28-6-28 to 28-6-36 , inclusive, are prohibited due to action by the secretary of the United States Department of Health and Human Services.

Source: SL 2000, ch 132, § 5.
S.D. Codified Laws § 28-6-25 — SD Code / Title 28 / Chapter 6 / Section 28-6-25
Filing medical assistance real estate lien
Status: in_force

The Department of Social Services shall file a medical assistance real estate lien with the register of deeds in any county where the individual has an ownership interest in real property. The lien statement filed shall contain, at a minimum, the following information:

(1) The name and last known address of all owners of the real property;

(2) The legal description of the real estate to which the lien is to attach;

(3) The circumstances out of which the lien is claimed to have arisen and the circumstances, if any, under which future accumulations may arise;

(4) The amount claimed as a lien and the probable amounts by which it may increase, if known.

The register of deeds shall, without charge to the department, record the medical assistance real estate lien in the real estate records, at which time the lien will attach to the real property interest of the recipient described in subdivision (2) of this section. The lien shall remain in effect for a period of twenty years from the time of recording in the county where the land is located as provided in this section, unless released or foreclosed as provided by law.

If the individual is discharged or released from a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution, other than by death or transfer to another or similar institution, the Department of Social Services shall immediately, upon notice of the discharge or release, file with the register of deeds a satisfaction of the lien which shall be recorded by the register of deeds in the real estate records without charge.

Source: SL 1994, ch 229, § 3; SL 2013, ch 125, § 14.
S.D. Codified Laws § 28-10-5 — SD Code / Title 28 / Chapter 10 / Section 28-10-5
Subordinate administrative units within division
Status: in_force

The director of service to the blind and visually impaired shall establish appropriate subordinate administrative units within the Division of Service to the Blind and Visually Impaired.

Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (2); SL 1977, ch 226, § 17.
S.D. Codified Laws § 28-13A-10 — SD Code / Title 28 / Chapter 13A / Section 28-13A-10
Supplemental assessments to avoid depletion
Status: in_force

If it appears to the board that the catastrophic county poor relief fund reserve is in danger of being completely depleted, the board may determine a supplemental assessment is required and if so shall certify to each participating county its share as calculated by the factors included in § 28-13A-9 .

Source: SL 1984, ch 204, § 11; SL 2009, ch 142, § 5.
S.D. Codified Laws § 28-13-30 — SD Code / Title 28 / Chapter 13 / Section 28-13-30
Approval of statement by secretary--Modification of items in statement
Status: in_force

The secretary of social services shall make such investigation as necessary, and shall approve the statement of costs only if the statement is accurate, complete, and reliable as could reasonably be expected, and that it discloses, as nearly as may be reasonably determined, the ratios of costs to charges for the hospital's fiscal year covered by the statement of costs. In granting approval, the secretary may modify any items in the statement which require such modification and shall provide written notice of any such modification to the respective hospital.

Source: SL 1953, ch 131, § 2; SDC Supp 1960, § 27.12B02; SL 1976, ch 173, § 16; SL 1991, ch 227, § 4; SL 1997, ch 170, § 23.
S.D. Codified Laws § 28-20-4 — SD Code / Title 28 / Chapter 20 / Section 28-20-4
Register of deeds not entitled to fee
Status: in_force

The register of deeds is not entitled to any fee for registering or filing a lien under this chapter.

Source: SL 1984, ch 206, § 4.
S.D. Codified Laws § 28-7A-1 — SD Code / Title 28 / Chapter 7A / Section 28-7A-1
No entitlement to assistance
Status: in_force

The implementation of assistance under this chapter does not establish a personal or family entitlement to assistance.

Source: SL 1997, ch 166, § 1.
S.D. Codified Laws § 28-20-3 — SD Code / Title 28 / Chapter 20 / Section 28-20-3
Motor vehicles--Notation on certificate of title--Priority
Status: in_force

A notice of lien filed under § 28-20-2 shall be a lien against any motor vehicle as defined by § 32-3-1 , which is registered individually or jointly in the name of the debtor. The register of deeds shall note the lien upon any certificate of title as provided in § 32-3-38 . The priority of this lien shall be established as of its date of filing.

Source: SL 1984, ch 206, § 3.
S.D. Codified Laws § 28-13-16.2 — SD Code / Title 28 / Chapter 13 / Section 28-13-16.2
Intentional fraud or deceit to receive assistance
Status: in_force

Any applicant for assistance who knowingly makes any false statement, with intent to defraud, as to his financial status or other required information, or in any way intentionally deceives any county commissioner, or any welfare worker employed pursuant to § 28-13-22 , in order to receive assistance, shall be guilty of a Class 1 misdemeanor.

Source: SL 1976, ch 173, § 5.
S.D. Codified Laws § 28-18-8 — SD Code / Title 28 / Chapter 18 / Section 28-18-8
Authorization, issuance, and sale of bonds
Status: in_force

All bonds shall be authorized, issued, and sold as provided in chapter 6-8B and § 9-54-12 .

Source: SL 1963, ch 286, § 1; SL 1984, ch 43, § 105.
S.D. Codified Laws § 28-6B-8 — SD Code / Title 28 / Chapter 6B / Section 28-6B-8
Abortion not included--Exception
Status: in_force

For purposes of this chapter, the term, prenatal medical services, does not include an abortion unless the abortion is necessitated by a medical emergency as defined in subdivision 34-23A-1(5).

Source: SL 2016, ch 148, § 8.
S.D. Codified Laws § 28-10-10 — SD Code / Title 28 / Chapter 10 / Section 28-10-10
Vocational rehabilitation services provided to eligible persons
Status: in_force

The Division of Service to the Blind and Visually Impaired shall provide vocational rehabilitation services to individuals with visual disabilities determined by the director to be eligible.

Source: SL 1947, ch 248, § 4; SDC Supp 1960, § 55.39B04; SL 1977, ch 226, § 20; SL 1994, ch 231, § 4.
S.D. Codified Laws § 28-6-1.1 — SD Code / Title 28 / Chapter 6 / Section 28-6-1.1
Establishment of fee schedules--Posting of fees, changes--Applicability of chapter1-26
Status: in_force

The Department of Social Services may establish or amend fee schedules used to pay for items and services covered by the medical assistance program under the provisions of this chapter without following the procedures set forth in §§ 1-26-4 to 1-26-6 , inclusive. The department shall post the fee schedules on the department's website and shall notify website users of pending changes by posting a notice of the pending changes on the website at least forty - eight hours before the changes are made. Fee schedules posted on the department's website must be in accordance with the department's administrative rules promulgated under the provisions of chapter 1-26 which establish the reimbursement provisions for medical services.

Source: SL 2003, ch 156, § 1.
S.D. Codified Laws § 28-6B-1 — SD Code / Title 28 / Chapter 6B / Section 28-6B-1
Prenatal care program created
Status: in_force

There is hereby created the prenatal care program, a separate health assistance program, solely to provide for the medical care of unborn children whose mothers are ineligible for coverage under Title XIX of the federal Social Security Act based on their citizenship status.

Source: SL 2016, ch 148, § 1; SL 2019, ch 127, § 11.
S.D. Codified Laws § 28-18-4 — SD Code / Title 28 / Chapter 18 / Section 28-18-4
Cooperation and contributions of private and public agencies accepted by nonprofit corporation--Charges and conditions for admission
Status: in_force

In the operation of such nonprofit corporation, the cooperation and assistance of private individuals and charitable organizations may be utilized and the contributions of private or public agencies may be accepted. The board of directors shall have power to fix the charges and conditions for admission.

Source: SL 1953, ch 302, § 1; SDC Supp 1960, § 27.1209.
S.D. Codified Laws § 28-6-23.1 — SD Code / Title 28 / Chapter 6 / Section 28-6-23.1
Limiting financial responsibility of estate of surviving spouse
Status: in_force

A surviving spouse may petition the Department of Social Services for purposes of limiting the financial responsibility of the estate of the surviving spouse. The financial responsibility of the estate of the surviving spouse may not exceed the value of the estate of the surviving spouse as of the date of death of the medical assistance recipient. For purposes of the determination of the financial responsibility, it shall be assumed that the surviving spouse died simultaneously with the medical assistance recipient. The petition for financial responsibility shall be filed with the Department of Social Services within six months of the date of death of the medical assistance recipient.

Source: SL 1997, ch 168, § 2.
S.D. Codified Laws § 28-18-11 — SD Code / Title 28 / Chapter 18 / Section 28-18-11
Covenants and agreements in municipal revenue bonds for protection of bondholders--Remedies of bondholders
Status: in_force

By the resolution or ordinance authorizing revenue bonds, the governing body may make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership and proper operation and maintenance of the hospital, nursing facility, or other facility herein authorized, administration, application, and investment of and accounting for the revenues thereof and the proceeds of the bonds, insurance on the facilities and bonds of employees, relative priorities of lien of outstanding and future bonds upon the gross revenues, refunding of bonds, and the enforcement of bondholders rights, and any other lawful stipulations and covenants which the governing body deems suitable for the security of the bondholders or to reduce the interest cost on the bonds, and the holder of any bond issued hereunder may compel by appropriate court action the performance thereof, whether or not his bond is in default.

Source: SL 1963, ch 286, § 3; SL 1968, ch 187; SL 1984, ch 43, § 106.
S.D. Codified Laws § 28-12-3 — SD Code / Title 28 / Chapter 12 / Section 28-12-3
Certain drug offenders exempted from federal eligibility sanctions
Status: in_force

Pursuant to section 115(d)(1)(A) of Public Law 104-193, South Dakota opts out of the provisions of section 115(a)(2) of Public Law 104-193.

Source: SL 2009, ch 141, § 1.
S.D. Codified Laws § 28-13-1 — SD Code / Title 28 / Chapter 13 / Section 28-13-1
County duty to relieve poor persons--Taxation--Determination of eligibility
Status: in_force

Every county shall relieve and support all poor and indigent persons who have established residency therein, as that term is defined in §§ 28-13-2 to 28-13-16.2 , inclusive, and who have made application to the county, whenever they shall stand in need. Each board of county commissioners may raise money by taxation for the support and employment of the poor. If a person is receiving benefits from the Department of Social Services, the board of county commissioners may determine if he is eligible for county relief.

Source: SDC 1939, § 50.0101; SL 1939, ch 200, § 1; SL 1941, ch 211, § 1; SL 1976, ch 173, § 1; SL 1980, ch 202, § 1.
S.D. Codified Laws § 28-22-1 — SD Code / Title 28 / Chapter 22 / Section 28-22-1
Rate-setting methodology for services
Status: in_force

The Department of Social Services and the Department of Human Services shall jointly establish a rate-setting methodology for services delivered by community-based health and human services providers. Each category of service shall undergo a comprehensive rate modeling analysis at least every five years. The departments may elect to conduct the analysis earlier or on a more frequent basis if warranted by cost report information or other market conditions. Any new service model shall undergo comprehensive rate modeling analysis prior to implementation.

Source: SL 2017, ch 122, § 1.
S.D. Codified Laws § 28-13-33.1 — SD Code / Title 28 / Chapter 13 / Section 28-13-33.1
Experimental procedures and treatment for medically indigent patient
Status: in_force

No county is liable for the payment of any experimental procedures or experimental modes of treatment provided on behalf of a medically indigent person.

Source: SL 1997, ch 170, § 28.
S.D. Codified Laws § 28-1-12 — SD Code / Title 28 / Chapter 1 / Section 28-1-12
Office space and equipment provided for department by county commissioners
Status: in_force

Upon request of the Department of Social Services, the boards of county commissioners of the several counties of this state may provide and maintain adequate office space and equipment for the department in their respective counties including all of the incidental expenses thereof, except for the salaries and travel expenses of the employees of the department. The boards of county commissioners may make such expenditures as are necessary for such offices out of the county general fund.

Source: SL 1963, ch 53; SL 1965, ch 29; SL 2004, ch 167, § 13.
S.D. Codified Laws § 28-13-12 — SD Code / Title 28 / Chapter 13 / Section 28-13-12
Residency not established by state acceptance of application
Status: in_force

The acceptance of an applicant for any type of public assistance administered by the Department of Social Services, in a county where the applicant has not established residency in accordance with § 28-13-3 , shall not operate to establish a residency for the purposes of this chapter in that county.

Source: SL 1951, ch 254, § 1; SDC Supp 1960, § 50.0102-1; SL 1976, ch 173, § 8.
S.D. Codified Laws § 28-7A-10 — SD Code / Title 28 / Chapter 7A / Section 28-7A-10
Adoption of standards for participation in work activities and assistance programs--Training and education
Status: in_force

The department may adopt by rules promulgated pursuant to chapter 1-26 reasonable standards for the participation of eligible recipients in work activities and programs of assistance calculated to foster parental responsibility, employment, or family independence. To the extent possible in a work oriented program, training, and education, although not an alternative for working, may be utilized to prepare people for work.

Source: SL 1997, ch 166, § 11.
S.D. Codified Laws § 28-17-2 — SD Code / Title 28 / Chapter 17 / Section 28-17-2
Funeral expense borne by county of residence or where death occurred
Status: in_force

If any person who is destitute and has no estate dies within the state, and who has no one legally bound for funeral expenses, and where there is no other source to pay the cost of burial or cremation expense, the funeral expenses shall be borne by the county in which the deceased was a resident at time of death. If no residence can be determined for the deceased person, the funeral expenses shall be borne by the county in which death occurred.

Source: SDC 1939, § 12.1911; SL 1947, ch 42; SL 1953, ch 24; SL 1967, ch 19; SL 2012, ch 152, § 2.
S.D. Codified Laws § 28-13-29 — SD Code / Title 28 / Chapter 13 / Section 28-13-29
Cost governed by statement or amendment--Claim against county not to exceed usual hospital rates
Status: in_force

The amount of reimbursement for hospital services is the amount calculated pursuant to § 28-13-32.9 . It may not exceed the actual cost of hospitalization as defined in subdivision 28-13-27(1) or an amount established by the secretary of the Department of Social Services, whichever is less. The amount established by the secretary shall be based on medicaid payment methodology. A hospital may not maintain a claim against a county for any amount which exceeds the usual ordinary and reasonable charge for any hospital service, even if the charge is less than the hospital's actual cost of hospitalization. If the hospital furnishes hospital services to medically indigent persons residing in the county in which the hospital is located at rates less than the rates provided for in this section, the hospital shall furnish such hospital services to all medically indigent persons at the same rates.

Source: SL 1953, ch 131, § 2; SDC Supp 1960, § 27.12B02; SL 1991, ch 227, § 3; SL 1997, ch 170, § 8.
S.D. Codified Laws § 28-20-1 — SD Code / Title 28 / Chapter 20 / Section 28-20-1
Imposition of lien for overpayment or certain overdue family, spousal, or child support obligations
Status: in_force

The Department of Social Services may impose a lien upon the real and personal property of any person who is a resident of or owns property in this state, and who is receiving or has received assistance from or through the department and has received an overpayment or overissuance of assistance to which he was not entitled, or who is indebted to the department or another state for overdue family support obligations, or who owes an overdue support obligation for a spouse or child who is not receiving public assistance, but who is eligible for support enforcement services.

Source: SL 1984, ch 206, § 1; SL 1986, ch 218, § 54.
S.D. Codified Laws § 28-7A-8 — SD Code / Title 28 / Chapter 7A / Section 28-7A-8
Manner of application--Timely response
Status: in_force

Application shall be made in a manner prescribed by the department. The department shall promptly notify the applicant of its decision.

Source: SL 1997, ch 166, § 9.
S.D. Codified Laws § 28-13-32.6 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.6
Housing indexes by county
Status: in_force

The housing index for each county is as follows:

COUNTY

HOUSING INDEX

Aurora

0.65

Beadle

0.91

Bennett

0.86

Bon Homme

0.71

Brookings

0.96

Brown

0.95

Brule

0.80

Buffalo

0.77

Butte

0.91

Campbell

0.74

Charles Mix

0.65

Clark

0.72

Clay

0.95

Codington

0.92

Corson

0.47

Custer

1.03

Davison

0.90

Day

0.78

Deuel

0.79

Dewey

0.89

Douglas

0.69

Edmunds

0.71

Fall River

0.89

Faulk

0.66

Grant

0.81

Gregory

0.68

Haakon

0.80

Hamlin

0.70

Hand

0.70

Hanson

0.96

Harding

0.70

Hughes

1.03

Hutchinson

0.72

Hyde

0.75

Jackson

0.84

Jerauld

0.61

Jones

0.76

Kingsbury

0.67

Lake

0.78

Lawrence

1.00

Lincoln

0.93

Lyman

0.77

Marshall

0.72

McCook

0.73

McPherson

0.58

Meade

1.03

Mellette

0.74

Miner

0.65

Minnehaha

1.23

Moody

0.79

Oglala Lakota

0.81

Pennington

1.26

Perkins

0.65

Potter

0.86

Roberts

0.70

Sanborn

0.67

Spink

0.82

Stanley

1.06

Sully

0.82

Todd

0.79

Tripp

0.83

Turner

0.78

Union

0.87

Walworth

0.97

Yankton

0.93

Ziebach

0.82

Source: SL 1997, ch 170, § 13; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 28-1-69 — SD Code / Title 28 / Chapter 1 / Section 28-1-69
Information on amount owed sent to consumer reporting agencies--Consumer reporting agency defined--Notice to obligor
Status: in_force

The department shall furnish information regarding the amount of overdue support owed by an obligor to any consumer reporting agency, as defined by this section, upon the request of the agency, or as determined by the secretary. The term, consumer reporting agency, means any person who, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The department shall send the notice to the obligor regarding the proposed release of information and the procedures available to contest the accuracy of the information. The consumer reporting agency has no obligation to accept or use the information provided to it under this section.

Source: SL 1986, ch 218, § 56; SL 1991, ch 226; SDCL 28-7-25 ; SL 1997, ch 166, §§ 23, 54.
S.D. Codified Laws § 28-9-36 — SD Code / Title 28 / Chapter 9 / Section 28-9-36
Review of determinations of counselors or coordinators--Written final determination by division director
Status: in_force

The director of the Division of Rehabilitation Services shall establish procedures, pursuant to chapter 1-26 , for the review of any determination made by a rehabilitation counselor or coordinator upon the request of the individual with the disability, or the individual's parents, if the individual is a minor, or the individual's guardian.

Source: SL 1951, ch 46, § 9; SDC Supp 1960, § 15.08A09; SDCL, § 13-40-13; SL 1975, ch 128, § 282; SL 1981, ch 218, § 1; SL 1989, ch 21, § 147; SL 1993, ch 210, § 8; SL 2001, ch 154, § 1.
S.D. Codified Laws § 28-13-31 — SD Code / Title 28 / Chapter 13 / Section 28-13-31
Continuation of statement in effect until withdrawn or amended--Effective date of amendments--Statements available for inspection
Status: in_force

No statement of costs, or amendment thereto, may take effect until approved by the secretary of social services and the expiration of thirty days from the filing thereof, and thereafter, for purposes of this chapter, shall remain in full force and effect until the next statement of costs, or amendment thereto, filed by the hospital pursuant to § 28-13-28 is approved by the secretary. Any such statement of costs, or amendments thereto, shall be a public record and be available for inspection at any time in behalf of any board of county commissioners.

Source: SL 1953, ch 131, § 2; SDC Supp 1960, § 27.12B02; SL 1976, ch 173, § 17; SL 1991, ch 227, § 5; SL 1997, ch 170, § 24.
S.D. Codified Laws § 28-7A-24 — SD Code / Title 28 / Chapter 7A / Section 28-7A-24
Promulgation of rules
Status: in_force

The department may promulgate rules pursuant to chapter 1-26 for the administration of §§ 28-7A-20 to 28-7A-24 , inclusive. Rules may include the following:

(1) Employability assessment, work activities, and supportive services;

(2) Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions;

(3) Program participation requirements, criteria for disqualification, and good cause exemptions;

(4) Limits on the number of participants; and

(5) Such other rules and standards of operation and administration within the mandate of §§ 28-7A-20 to 28-7A-24 , inclusive, as may be necessary or desirable to qualify for federal financial participation.

Source: SL 2000, ch 133, § 5.
S.D. Codified Laws § 28-7A-17 — SD Code / Title 28 / Chapter 7A / Section 28-7A-17
Adoption of policies to recover overpayment of assistance
Status: in_force

The department may adopt, pursuant to chapter 1-26 , necessary and reasonable policies and procedures to recover or recoup any overpayment of assistance that resulted from fraud or misrepresentation, erroneous determination of eligibility or amount of assistance, or otherwise.

Source: SL 1997, ch 166, § 18.
S.D. Codified Laws § 28-13A-8 — SD Code / Title 28 / Chapter 13A / Section 28-13A-8
Annual report of disbursements--Assessment and payment of shares by counties
Status: in_force

Prior to January thirty-first, the board shall calculate the actual disbursements from the catastrophic poor relief fund in the previous calendar year and shall compute each participating county's share utilizing the formula established in this chapter. The board shall certify each participating county's share of the total assessment to the county auditor before January thirty-first. Each participating county shall remit its share of the catastrophic county poor relief assessment to the South Dakota Association of County Commissioners on or before March fifteenth of each year.

Source: SL 1984, ch 204, § 9; SL 1985, ch 33, § 58; SL 2009, ch 142, § 4.
S.D. Codified Laws § 28-7A-21 — SD Code / Title 28 / Chapter 7A / Section 28-7A-21
Combination work and education activity--Criteria for education component
Status: in_force

The education component of the combination work and education activity must meet the following criteria:

(1) Must be an undergraduate postsecondary educational program at an institution accredited by the North Central Association of Colleges and Secondary Schools;

(2) Must result in a marketable skill directly related to employment;

(3) Must be related to the available employment demands and opportunities in the recipient's labor market.

Source: SL 2000, ch 133, § 2.
S.D. Codified Laws § 28-14-5 — SD Code / Title 28 / Chapter 14 / Section 28-14-5
County lien on property of recipient for care, support, or burial expenses provided--Immediate effect--Reimbursement under catastrophic county poor relief fund
Status: in_force

If any county pays for the care, support, or burial expenses of any poor person as defined in § 28-14-3 , the county has a lien upon all the property, both real and personal, including joint tenancy and homestead interests belonging to the poor person, or to be thereafter acquired by the poor person, or in which the poor person has any interest. The lien shall be for all sums of money expended by the county. A lien for expenses paid by a county and reimbursed under the catastrophic county poor relief fund established in chapter 28-13A , shall be for the full amount of the medical expenses paid by the county before reimbursement was made from the catastrophic fund. A lien shall become effective immediately upon payment by any county, to or for the benefit of such poor person, and filing with the register of deeds office for recording and indexing. Each additional payment made by the county for such poor person shall be added to the amount of the lien. If a county receives a reimbursement from the catastrophic county poor relief fund and the county subsequently collects all or part of the claims from either the individual or a third - party source, the county shall repay a percentage of the collection to the catastrophic county poor relief fund. The percentage of the collection repaid shall equal the percentage of the claim that the catastrophic county poor relief fund reimbursement represents.

Source: SDC 1939, § 39.1702; SL 1953, ch 209, § 1; SL 1963, ch 237; SL 1993, ch 211.
S.D. Codified Laws § 28-9-44 — SD Code / Title 28 / Chapter 9 / Section 28-9-44
Rules for division--Scope of rules
Status: in_force

The secretary of the Department of Human Services may promulgate rules for the Division of Rehabilitation Services in accordance with chapter 1-26 , governing:

(1) The protection of records and confidential information;

(2) Application requirements;

(3) Eligibility requirements;

(4) Income and resource requirements;

(5) Administration and operation of vocational rehabilitation and independent living programs;

(6) Grant applications and awards;

(7) Administrative reviews and fair hearings;

(8) Amount, scope, and duration of rehabilitative services and independent living services;

(9) Fees.

Source: SL 1951, ch 46, § 3; SDC Supp 1960, § 15.08A03 (2); SDCL, § 13-40-21; SL 1975, ch 128, § 290; SL 1976, ch 172, § 2; SL 1977, ch 226, § 13; SL 1992, ch 198, § 4.
S.D. Codified Laws § 28-7A-19 — SD Code / Title 28 / Chapter 7A / Section 28-7A-19
Effect of amending or repealing acts
Status: in_force

Assistance implemented under this chapter is subject to the provisions of any amending or repealing act that may hereafter be enacted. No applicant or recipient of assistance under this chapter has any claim for compensation or otherwise by reason of the effect of any such amending or repealing act.

Source: SL 1997, ch 166, § 20.
S.D. Codified Laws § 28-10-21 — SD Code / Title 28 / Chapter 10 / Section 28-10-21
Procedural regulations made by secretary
Status: in_force

The director of service to the blind and visually impaired shall recommend to the secretary of the Department of Human Services who may promulgate rules for the Division of Service to the Blind and Visually Impaired in accordance with chapter 1-26 governing:

(1) The protection of records and confidential information;

(2) Application requirements;

(3) Eligibility requirements;

(4) Income and resource requirements;

(5) Administration and operation of vocational rehabilitation and independent living programs;

(6) Grant applications and awards;

(7) Administrative reviews and fair hearings;

(8) Amount, scope, and duration of rehabilitative services and independent living services; and

(9) Fees.

Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (1); SL 1976, ch 172, § 3; SL 1977, ch 226, § 23; SL 1990, ch 213, § 5; SL 1992, ch 198, § 2.
S.D. Codified Laws § 28-9-47 — SD Code / Title 28 / Chapter 9 / Section 28-9-47
Advisory Committee on Employment of People with Disabilities designated
Status: in_force

The Board of Vocational Rehabilitation is hereby designated as the Governor's Advisory Committee on Employment of People with Disabilities and shall perform the duties of the committee.

Source: SL 1967, ch 270, § 1; SL 1989, ch 444, § 2; SL 1997, ch 297, § 1; SDCL § 60-7-1 ; SL 2008, ch 276, § 67
S.D. Codified Laws § 28-18-2 — SD Code / Title 28 / Chapter 18 / Section 28-18-2
Area of operation of nonprofit corporation--Control by board of directors
Status: in_force

Such nonprofit corporations may operate over an area of one or more counties. Direction and control of such corporations shall be exercised by a board of directors, selected as provided by law for such corporations.

Source: SL 1953, ch 302, § 1; SDC Supp 1960, § 27.1209.
S.D. Codified Laws § 28-13-28 — SD Code / Title 28 / Chapter 13 / Section 28-13-28
Statement of costs required of hospital caring for indigent persons--Frequency of statements
Status: in_force

A hospital may avail itself of the provisions of this chapter for purposes of determining payment for hospitalization of a medically indigent person only if the hospital has filed a detailed statement of costs with the secretary of social services in the form prescribed by the secretary. The statement of costs shall compute and set forth the ratios of costs to charges for the hospital's fiscal year covered by the statement of costs. The statement of costs shall be filed with the secretary at least annually, unless such period is extended or otherwise provided by the secretary, but a hospital may file a detailed statement of costs or amendments to such a statement once every six months.

Source: SL 1953, ch 131, § 2; SDC Supp 1960, § 27.12B02; SL 1976, ch 173, § 15; SL 1991, ch 227, § 2; SL 1997, ch 170, § 7.
S.D. Codified Laws § 28-22-3 — SD Code / Title 28 / Chapter 22 / Section 28-22-3
Rate modeling to include each service category
Status: in_force

Rate modeling analyses shall be an inclusive work group process including providers representing each service category under review.

Source: SL 2017, ch 122, § 3.
S.D. Codified Laws § 28-14-10 — SD Code / Title 28 / Chapter 14 / Section 28-14-10
Application to county commissioners for correction of record of lien--Action by commissioners
Status: in_force

In the event the record of a lien shall have been made under the provisions of this chapter whereby the name of the person or persons for whose benefit any payment shall have been made, or the name of any person or persons against whose property a lien may appear to have been created, shall be shown or stated by mistake or incorrectly or in such manner as not to be easily identified as the owner or owners of property, or the amount of such lien be incorrectly stated or recorded, any person whose interests are adversely affected thereby may apply to the board of county commissioners for correction of the record to conform to the facts. The board shall have authority to grant the relief sought and to direct the correction of the record accordingly.

Source: SDC 1939, § 39.1708 as enacted by SL 1941, ch 164, § 3.
S.D. Codified Laws § 28-7A-7 — SD Code / Title 28 / Chapter 7A / Section 28-7A-7
Assignment of support rights
Status: in_force

Application for or receipt of assistance under this chapter or of foster care maintenance payments under the Title IV-E state plan shall operate as an assignment by operation of law of all support rights from any person, which such applicant or recipient may have on the applicant's or recipient's own behalf or on behalf of any other family member for whom the recipient is receiving assistance or Title IV-E foster care maintenance payments, including any support payments accrued and unpaid at the time of the assignment.

Source: SL 1997, ch 166, § 8.
S.D. Codified Laws § 28-8-23 — SD Code / Title 28 / Chapter 8 / Section 28-8-23
Purposes of chapter
Status: in_force

The purposes of this chapter are to qualify for federal funds under the provisions of Title XX of the Social Security Act; to administer said federal funds as well as other funds available to the Department of Social Services; and to direct all such public services of the department toward the goals of:

(1) Achieving or maintaining self - support to prevent, reduce, or eliminate dependency;

(2) Achieving or maintaining self - sufficiency, including reduction of dependency;

(3) Preventing or remedying neglect, abuse, or exploitation of children and adults unable to protect their own interests, or preserving, rehabilitating, or reuniting families;

(4) Preventing or reducing inappropriate institutional care by providing for community - based care, home - based care, or other forms of less intensive care; or

(5) Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions.

Source: SL 1975, ch 188, § 1; SL 1980, ch 201, § 1.
S.D. Codified Laws § 28-13A-2 — SD Code / Title 28 / Chapter 13A / Section 28-13A-2
Board established--Appointment and term of members--Expenses
Status: in_force

There is established a catastrophic county poor relief board to consist of five county commissioners from participating counties appointed by the executive board of the association of county commissioners established pursuant to § 7-7-28 . Board members shall serve staggered terms of four years or until their term as county commissioner has expired. Per diem costs for the board shall be established by the executive board of the association and shall be paid from funds collected by the association.

Source: SL 1984, ch 204, § 2.
S.D. Codified Laws § 28-1-66 — SD Code / Title 28 / Chapter 1 / Section 28-1-66
Availability of child support enforcement services--Fees--Payment by responsible parent
Status: in_force

The Department of Social Services shall make child support enforcement services available to an individual not otherwise eligible for those purposes upon application from an individual and payment of a reasonable fee. The department shall promulgate rules pursuant to chapter 1-26 to set the application fee and any fees imposed for collection services. However, the application fee shall be refunded to the applicant by the parent responsible for paying child support payments and the fees imposed for collection services shall be paid by the parent responsible for paying child support payments to the Department of Social Services.

Source: SL 1975, ch 187, § 2; SL 1982, ch 209, § 1; SL 1985, ch 226; SDCL 28-7-17.2; SL 1997, ch 166, § 23.
S.D. Codified Laws § 28-7A-20 — SD Code / Title 28 / Chapter 7A / Section 28-7A-20
Department to implement combination work and education activity--Time limitation--Goal
Status: in_force

The Department of Social Services shall implement a combination work and education activity for recipients of the temporary assistance for needy families program who qualify under the provisions of §§ 28-7A-20 to 28-7A-24 , inclusive. This combination work and education activity is limited to twenty - four months and must be directed towards a goal of employment that leads to self - sufficiency .

Source: SL 2000, ch 133, § 1.
S.D. Codified Laws § 28-9-40 — SD Code / Title 28 / Chapter 9 / Section 28-9-40
Agreements to implement federal statutes--Administration--Compliance with federal requirements
Status: in_force

The Division of Rehabilitation Services shall make agreements or plans to cooperate with the United States in carrying out the purposes of any federal statutes pertaining to vocational rehabilitation. The division may adopt such methods of administration as are found by the United States to be necessary for the proper and efficient operation of such agreements or plans. The division may comply with such conditions as may be necessary to secure the full benefits of such federal statutes.

Source: SL 1951, ch 46, § 5; SDC Supp 1960, § 15.08A05; SDCL, § 13-40-17; SL 1975, ch 128, § 286.
S.D. Codified Laws § 28-10-11 — SD Code / Title 28 / Chapter 10 / Section 28-10-11
Rehabilitation services provided based on economic need
Status: in_force

Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to individuals with a visual impairment based upon their economic need:

(1) Physical restoration;

(2) Transportation not provided to determine the eligibility of the individual for vocational rehabilitation services and the nature and extent of the services necessary;

(3) Occupational licenses;

(4) Customary occupational tools and equipment, excluding computer-related assistive technology devices needed to overcome visual disability as an impediment to employment for competitive employment purposes;

(5) Maintenance;

(6) Training books and materials; and

(7) Tuition and fees for participating in postsecondary academic training programs under the Federal Student Financial Assistance Program.

Source: SL 1947, ch 248, § 7; SDC Supp 1960, § 55.39B07; SL 1969, ch 215, § 5; SL 1976, ch 172, § 4; SL 1990, ch 212; SL 1994, ch 231, § 5; SL 2001, ch 153, § 2; SL 2012, ch 14, § 5.
S.D. Codified Laws § 28-1-24.1 — SD Code / Title 28 / Chapter 1 / Section 28-1-24.1
Procedural rules for contested cases
Status: in_force

The secretary of social services may adopt reasonable and necessary rules governing the procedure and conduct of contested cases. Such rules shall be consistent with the procedure required by chapter 1-26 .

Source: SL 1981, ch 199, § 26.
S.D. Codified Laws § 28-13-34.2 — SD Code / Title 28 / Chapter 13 / Section 28-13-34.2
Release of information
Status: in_force

If submitting a notice under the provisions of § 28-13-34.1 , the hospital shall make every reasonable effort to secure from the patient, and to include with the notice, a release of information form which has been signed by the patient or the patient's authorized representative. The form shall authorize persons, agencies, or institutions to release, to the county, the patient's social security number, the social security number of other household members, medical information concerning the patient, and financial information concerning the patient or members of the patient's household.

Source: SL 1997, ch 170, § 26.
S.D. Codified Laws § 28-6-7.1 — SD Code / Title 28 / Chapter 6 / Section 28-6-7.1
Acceptance of assistance as assignment and subrogation of support rights and insurance proceeds--Liability of insurer or attorney
Status: in_force

An application for or acceptance of medical assistance paid from the Department of Social Services shall operate as an assignment and subrogation by operation of law of any rights to medical support, insurance proceeds, or both, that the applicant or recipient may have for the applicant's or recipient's person, spouse, or child. This assignment and subrogation includes all claims or actions for damages, either general or special. An application for or acceptance of medical assistance from the Department of Social Services shall be deemed by an applicant or recipient and any insurance provider, including self - insurance, as a release of information authorizing the release of insurance coverage information to the Department of Social Services regardless of the policyholder. Any rights or amounts so assigned or subrogated shall be applied against the cost of medical care paid under this chapter, less all reasonable expenses, including attorney's fees incurred by the applicant or recipient to collect such support or proceeds. Any insurance provider or attorney in fact who, after notice, fails to recognize or accept an assignment or subrogation established by operation of law by this section is liable to the Department of Social Services for the full amount of medical assistance paid to or on behalf of the applicant or recipient by the department for the accident, injury, or illness for which collection is claimed or made.

Source: SL 1977, ch 220; SL 1991, ch 223; SL 1993, ch 208; SL 2004, ch 167, § 53.
S.D. Codified Laws § 28-6-35 — SD Code / Title 28 / Chapter 6 / Section 28-6-35
Promulgation of rules regarding health care trust fund and funding pool
Status: in_force

The department may promulgate rules pursuant to chapter 1-26 for the administration of §§ 28-6-28 to 28-6-36 , inclusive. The rules may include criteria for establishing, funding, and administering the pool, criteria for participation in the intergovernmental transfer, penalties for failing to immediately remit the funds to the department, criteria for the transfer of funds, the establishment of transaction fees, and other policies to facilitate the administration of the health care trust fund or the funding pool.

Source: SL 2000, ch 132, § 8; SL 2001, ch 152, § 3.
S.D. Codified Laws § 28-1-65 — SD Code / Title 28 / Chapter 1 / Section 28-1-65
Child support enforcement unit--Federal money--Enforcement powers
Status: in_force

The Department of Social Services shall establish a child support enforcement unit and may, in accordance with chapter 4-8B , apply for and receive federal funds under the provisions of Title IV-D of the Social Security Act. The department may also enforce the child support obligations for any child who is receiving temporary assistance for needy families or foster care maintenance payments under Title IV-E. The department shall enforce the spousal support obligation for a parent who is living with his or her child if the support obligation has been established for the parent by court order and the child support obligation is being enforced by the department.

Source: SL 1975, ch 187, § 1; SL 1982, ch 208, § 1; SL 1986, ch 218, § 58; SDCL § 28-7-17.1 ; SL 1997, ch 166, § 23; SL 2004, ch 167, § 39; SL 2019, ch 127, § 8.
S.D. Codified Laws § 28-22-4 — SD Code / Title 28 / Chapter 22 / Section 28-22-4
Adjustment of rate determination
Status: in_force

Rate determination resulting from rate modeling analyses utilizing historical cost report information shall be adjusted in a manner to be applied in a prospective fashion subject to federal requirements.

Source: SL 2017, ch 122, § 4.
S.D. Codified Laws § 28-10-25 — SD Code / Title 28 / Chapter 10 / Section 28-10-25
Board of Service to the Blind and Visually Impaired created
Status: in_force

There is hereby created a Board of Service to the Blind and Visually Impaired.

Source: SL 1990, ch 213, § 1; SL 1993, ch 20, § 2; SL 2001, ch 155, § 1.
S.D. Codified Laws § 28-13-19 — SD Code / Title 28 / Chapter 13 / Section 28-13-19
Establishment of special emergency county welfare account--Purpose--Deposit and withdrawal of fund--Source of fund
Status: in_force

The board of county commissioners may establish a special emergency county welfare account upon which the county welfare departments may make immediate, direct cash withdrawals up to one hundred dollars a month to meet special emergency requirements of said county welfare departments.

The special account shall be deposited with a local bank and subject to withdrawals upon the signatures of county officials designated and authorized to do the same by the board of county commissioners. The board shall from time to time appropriate money from the general fund to this special account.

Source: SL 1966, ch 32; SL 1985, ch 77, § 16.
S.D. Codified Laws § 28-1-68 — SD Code / Title 28 / Chapter 1 / Section 28-1-68
Confidentiality of enforcement services applications and records
Status: in_force

All applications and records concerning any applicant for child and spousal support enforcement services are confidential except:

(1) For inspection by persons authorized by this state or the United States in connection with their official duties;

(2) For the purpose of fair hearings provided by law.

Source: SL 1977, ch 222; SL 1982, ch 208, § 2; SDCL 28-7-17.5; SL 1997, ch 166, § 23.
S.D. Codified Laws § 28-10-2.1 — SD Code / Title 28 / Chapter 10 / Section 28-10-2.1
Division created
Status: in_force

There is hereby created a division for the purpose of rehabilitation of and services to individuals with visual disabilities to be known as the "Division of Service to the Blind and Visually Impaired."

Source: SL 1973, ch 2, § 74; SL 1977, ch 226, § 16; SL 1994, ch 231, § 2.
S.D. Codified Laws § 28-8-25 — SD Code / Title 28 / Chapter 8 / Section 28-8-25
Powers of department in implementation of program
Status: in_force

In addition to any other rights, duties, powers, privileges, and responsibilities of the Department of Social Services or any division thereof, the department, through the secretary, may:

(1) Prepare and submit for approval of the secretary of the United States Department of Health and Human Services, a comprehensive service program plan or plans as the agency of this state under the provisions of Title XX of the federal Social Security Act;

(2) Serve as the agency within this state which will administer or supervise the administration of the program for the provision of the services authorized under Title XX;

(3) Comply with the provisions of Title XX and any rules and regulations promulgated pursuant thereto by the federal government for the purposes of qualifying for federal funds and making such reports concerning the use of federal social service funds as may be required by regulation;

(4) Designate the state's service program year as the fiscal year of either the federal government or state government;

(5) Accept and use donated private funds as long as such funds are transferred to the department, are under the department's exclusive administrative control, are donated without restriction as to use, other than restrictions by a donor who is not a sponsor or operator of a service program or services to which such funds are restricted, other than restriction as to the geographic area to which the funds are to be used, or other than restrictions which will cause such funds to revert to the donor's facility or use except when the donor's facility is a nonprofit organization;

(6) Impose a service fee as a precondition to provision of any service specified by the department.

Source: SL 1975, ch 188, § 3; SL 1980, ch 201, § 2; SL 2004, ch 167, § 60.
S.D. Codified Laws § 28-5A-2 — SD Code / Title 28 / Chapter 5A / Section 28-5A-2
Reimbursement of administrative costs--Federal funds for benefit payments
Status: in_force

The Department of Social Services shall be reimbursed in full under any agreement for its costs of administration of any federal program and when necessary shall be provided with federal funds sufficient to meet benefit payment obligations for recipients under the terms of any agreement entered into pursuant to this chapter.

Source: SL 1973, ch 176, § 1.
S.D. Codified Laws § 28-13-1.4 — SD Code / Title 28 / Chapter 13 / Section 28-13-1.4
Appeal regarding medical indigence
Status: in_force

Notwithstanding § 7-8-30 , in any appeal regarding medical indigence, the circuit court may affirm or remand for further proceedings, or the court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the county's findings, inferences, conclusions, or decisions are:

(1) In violation of constitutional or statutory provisions;

(2) In excess of the statutory authority of the county;

(3) Made upon unlawful procedure;

(4) Affected by other error of law;

(5) Clearly erroneous in light of the entire evidence in the record; or

(6) Clearly unwarranted exercise of discretion.

Source: SL 1997, ch 170, § 29.
S.D. Codified Laws § 28-13-8 — SD Code / Title 28 / Chapter 13 / Section 28-13-8
Residency continued until lost by new residency
Status: in_force

For the purposes of this chapter a person's residency, when once legally established, shall continue until it is lost by establishing residency in another state or county.

Source: SDC 1939, § 50.0102 (6); SL 1941, ch 211, § 2; SL 1957, ch 263; SL 1961, ch 261; SL 1976, ch 173, § 7.
S.D. Codified Laws § 28-18-6 — SD Code / Title 28 / Chapter 18 / Section 28-18-6
County and municipal contributions to nonprofit corporations--Maximum--Appropriation from general fund
Status: in_force

The boards of county commissioners of the several counties and the governing bodies of municipalities of this state, may, in their discretion, contribute sums of money annually not to exceed twenty thousand dollars per annum to nonprofit self - sustaining corporations formed for the care and accommodation of aged persons under the provisions of §§ 28-18-1 to 28-18-4 , inclusive.

For the purpose of carrying out the provisions of this section, such boards of county commissioners and such governing bodies of municipalities may appropriate out of the general fund of their respective counties or municipalities.

Source: SL 1953, ch 34; SL 1957, ch 152; SDC Supp 1960, § 12.0617-12; SL 1961, ch 31, § 2; SL 1963, ch 38.
S.D. Codified Laws § 28-6-27 — SD Code / Title 28 / Chapter 6 / Section 28-6-27
Priority of medical assistance lien
Status: in_force

The priority of the medical assistance real estate lien shall be established as of the time of recording by the register of deeds.

Source: SL 1994, ch 229, § 5.
S.D. Codified Laws § 28-6-21 — SD Code / Title 28 / Chapter 6 / Section 28-6-21
Application of28-6-17
Status: in_force

The determination of the spousal share of resources under § 28-6-17 applies only to institutionalized individuals who begin continuous periods of institutionalization on or after September 30, 1989.

Source: SL 1989, ch 243, § 7.
S.D. Codified Laws § 28-6-26 — SD Code / Title 28 / Chapter 6 / Section 28-6-26
Exemption to medical assistance lien
Status: in_force

Real estate deemed available to a community spouse pursuant to §§ 28-6-17 to 28-6-22 , inclusive, is not subject to the medical assistance lien.

Source: SL 1994, ch 229, § 4.
S.D. Codified Laws § 28-8-28 — SD Code / Title 28 / Chapter 8 / Section 28-8-28
Services provided to individuals by secretary--Rules and standards
Status: in_force

Subject to rules of the department establishing eligibility for, the content of, and the extent of entitlement to services, with or without a service fee, the secretary of social services may provide services to and on behalf of individuals within this state, and fix standards or other conditions of participation by providers of such services under contract or otherwise.

Source: SL 1975, ch 188, § 4; SL 2004, ch 167, § 63.
S.D. Codified Laws § 28-5A-1 — SD Code / Title 28 / Chapter 5A / Section 28-5A-1
Agreements to administer supplemental security income programs--Rules for payments to qualified residents
Status: in_force

In addition to the other powers granted to the Department of Social Services under chapter 28-1 , the department may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of Public Law 92-603, Social Security Amendments of 1972, as amended to January 1, 2004, including the power to agree to administer all or part of the supplemental security income program of the federal government, to provide, under such rules as may be promulgated by the department, for supplementary payments to qualified residents of South Dakota who are receiving or would be eligible to receive supplemental security income under Title XVI of the Social Security Amendments of 1972, as amended to January 1, 2004, or any other agreement which would be of benefit to the citizens of this state.

Source: SL 1973, ch 176, § 1; SL 2004, ch 167, § 50.
S.D. Codified Laws § 28-18-5 — SD Code / Title 28 / Chapter 18 / Section 28-18-5
Lease of property to nonprofit corporation by Department of Social Services
Status: in_force

The Department of Social Services may lease any property under its jurisdiction, suitable for the establishment of such homes for the aged to any corporation or charitable organization that could qualify to the provisions of §§ 28-18-1 to 28-18-4 , inclusive.

Source: SL 1953, ch 302, § 2; SDC Supp 1960, § 27.1210; SL 1989, ch 21, § 150; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 163, eff. Apr. 12, 2011.
S.D. Codified Laws § 28-6-1 — SD Code / Title 28 / Chapter 6 / Section 28-6-1
Provision of medical services and remedial care authorized--Rules
Status: in_force

The Department of Social Services may provide medical services and medical or remedial care on behalf of persons having insufficient income and resources to meet the necessary cost thereof, if the person has exhausted all other possible public and private medical and remedial care programs, income, or benefits, with the exception of county poor relief, in accordance with rules which the secretary of social services shall promulgate pursuant to chapter 1-26 . The rules shall specify the individuals and services for which state funds or federal financial participation are available and may include:

(1) The amount, scope, and duration of medical and remedial services;

(2) The basis for and extent of provider payments on behalf of an eligible person;

(3) The establishment and collection of copayments, premiums, fees, or charges for sharing the cost of risk protection or services provided to persons. All such collections shall be remitted to the general fund;

(4) Methods of administration found necessary for the operation of the medical assistance program;

(5) Safeguards against the disclosure or improper use of information, required by statutory law to be held confidential, concerning applicants for or recipients of medical assistance; and

(6) Such other requirements as may be necessary to obtain federal financial participation in the medical assistance program.

Source: SL 1966, ch 191, § 1; SL 1981, ch 199, § 31; SL 1982, ch 203, § 1; SL 1987, ch 29, § 10; SL 2000, ch 132, § 10; SL 2004, ch 167, § 51; SL 2019, ch 127, § 9.
S.D. Codified Laws § 28-9-25 — SD Code / Title 28 / Chapter 9 / Section 28-9-25
Administration by director
Status: in_force

The Division of Rehabilitation Services shall be administered by the director appointed pursuant to § 1-36A-4 .

Source: SL 1951, ch 46, § 3; SDC Supp 1960, § 15.08A03; SDCL, § 13-40-3; SL 1975, ch 128, § 271; SL 1977, ch 226, § 12.
S.D. Codified Laws § 28-10-13 — SD Code / Title 28 / Chapter 10 / Section 28-10-13
Certification of funds for disbursement
Status: in_force

In carrying out his duties under this chapter, the director of service to the blind and visually impaired shall make certification for disbursement, in accordance with regulations, of funds available for services including vocational rehabilitation.

Source: SL 1947, ch 248, § 3; SDC Supp 1960, § 55.39B03 (5).
S.D. Codified Laws § 28-1-60 — SD Code / Title 28 / Chapter 1 / Section 28-1-60
Child care services program
Status: in_force

The Department of Social Services shall establish a program of child care services to assist families with child care services and to aid in the improvement of quality and services for the care of children in day care. The department may assist in the improvement, availability, and quality of day care for children by providing training, education, and advocacy for child care.

Source: SL 1991, ch 222, § 1.
S.D. Codified Laws § 28-8A-10 — SD Code / Title 28 / Chapter 8A / Section 28-8A-10
Personal attendant allowed for person with disability
Status: in_force

Any person with a disability may use the services of a personal attendant to provide any medical, nursing, or health care services that a person without a disability can personally perform unless the person with a disability is residing in a licensed health care facility.

Source: SL 1994, ch 230, § 2.
S.D. Codified Laws § 28-13-33.2 — SD Code / Title 28 / Chapter 13 / Section 28-13-33.2
Billing for care of medically indigent patients
Status: in_force

If submitting a bill to a county for medically necessary hospital services provided on behalf of a person who is medically indigent, the hospital must first demonstrate that it has exhausted all avenues of payment including accepting reasonable monthly payments from the person who does not have the ability to pay the hospital in one lump sum at the time of discharge.

Source: SL 1997, ch 170, § 30.
S.D. Codified Laws § 28-13-37 — SD Code / Title 28 / Chapter 13 / Section 28-13-37
County duty to relieve nonresidents in distress
Status: in_force

It shall be the duty of the county commissioners, on complaint made to them that any person not an inhabitant of their county is lying sick therein or in distress, without friends or money, so that he is likely to suffer, to examine into the case of such person and grant such temporary relief as the nature of the case may require.

Source: SDC 1939, § 50.0105.
S.D. Codified Laws § 28-7A-12 — SD Code / Title 28 / Chapter 7A / Section 28-7A-12
Feasible and reasonable assistance programs authorized
Status: in_force

The department may implement such programs of assistance as may be feasible and reasonably calculated to fulfill the purposes of this chapter. This chapter does not require the department to provide assistance in the absence of legislative appropriation therefor.

Source: SL 1997, ch 166, § 13.
S.D. Codified Laws § 28-22-5 — SD Code / Title 28 / Chapter 22 / Section 28-22-5
Annual report to Governor and Legislature
Status: in_force

The department shall report any rate variance to the Governor and to the Legislature on an annual basis in conjunction with annual budget hearings.

Source: SL 2017, ch 122, § 5.
S.D. Codified Laws § 28-6-23 — SD Code / Title 28 / Chapter 6 / Section 28-6-23
Medical assistance as debt to department--Recovery of debt
Status: in_force

Any payment of medical assistance by or through the Department of Social Services to an individual who is an inpatient in a nursing facility, an intermediate care facility for individuals with developmental disabilities, or other medical institution, is a debt due to the department. Any payment on behalf of any person fifty-five years of age or older for nursing facility services, home and community based services, intermediate care facility services for individuals with intellectual disabilities, hospital and prescription drug services, is a debt due the department. The Department of Social Services shall establish a system of recovery of medical assistance correctly paid by or through the department. The Department of Social Services may file a claim against the estate of the surviving spouse of a medical assistance recipient to satisfy the debt established under this section. The secretary of social services shall adopt rules, pursuant to chapter 1-26 , to define the scope of recoveries, establish hardship limitations on recoveries, establish limits on recoveries, and provide rules required to obtain federal financial participation in the medical assistance program.

For the purposes of this section, a surviving spouse is a person who was married to the deceased medical assistance recipient when the recipient became eligible for medical assistance, who has not divorced the medical assistance recipient, and who has not remarried after the recipient's death.

Source: SL 1994, ch 229, § 7; SL 1997, ch 168, § 1; SL 2013, ch 125, § 12.
S.D. Codified Laws § 28-6B-4 — SD Code / Title 28 / Chapter 6B / Section 28-6B-4
Promulgation of rules
Status: in_force

The secretary shall promulgate rules pursuant to chapter 1-26 . The rules shall specify the individuals and services for which state funds or federal financial participation are available and may include:

(1) The amount, scope, and duration of prenatal medical services;

(2) The basis for and extent of provider payments on behalf of an eligible person;

(3) The establishment and collection of copayments, premiums, fees, or charges for sharing the cost of risk protection or services to persons. All collections shall be remitted to the general fund;

(4) Methods of administration found necessary for the operation of the prenatal care program;

(5) Safeguards against the disclosure or improper use of information, required by statutory law to be held confidential, concerning applicants for or recipients of medical assistance; and

(6) Any other requirements as may be necessary to obtain federal financial participation in the medical assistance program.

Source: SL 2016, ch 148, § 4; SL 2019, ch 127, § 12.
S.D. Codified Laws § 28-12-1 — SD Code / Title 28 / Chapter 12 / Section 28-12-1
Agreement with federal government--Purpose--Promulgation of rules
Status: in_force

The Department of Social Services may enter into agreements and contracts with the federal government and its agencies and with the political subdivisions of this state for the purpose of participating in the Food Stamp Act of 1964 (P.L. 88-525) and any related acts, as amended to January 1, 2004. The secretary of social services shall promulgate rules, pursuant to chapter 1-26 , as required by the federal government for the administration of the Supplemental Nutrition Assistance Program in this state. The rules must be in accordance with federal regulations implementing the Food Stamp Act of 1964, as amended to January 1, 2004.

Source: SL 1967, ch 269; SL 1981, ch 199, § 54; SL 2004, ch 167, § 65; SL 2023, ch 94, § 5.
S.D. Codified Laws § 28-10-1 — SD Code / Title 28 / Chapter 10 / Section 28-10-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Director," the director of service to the blind and visually impaired;

(2) "Division," the Division of Service to the Blind and Visually Impaired;

(3) "Impediment to employment," a physical or mental condition which constitutes, contributes to or if not corrected will probably result in an obstruction to independent living or occupational performance;

(4) "Individual with a visual disability," any person who has a visual impairment which results in a substantial impediment to employment or independent living and who can benefit in terms of an employment or independent living outcome;

(5) "Maintenance," money payments not exceeding the estimated cost of subsistence during vocational rehabilitation;

(6) "Occupational licenses," any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation;

(7) "Physical restoration," any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment of an individual with a visual disability within a reasonable length of time including medical, psychiatric, dental and surgical treatment, nursing services, hospital care, drugs, medical and surgical supplies, and prosthetic appliances, but excluding curative treatment for acute or transitory conditions;

(8) "Prosthetic appliance," any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ;

(9) "Rehabilitation training," all necessary training provided to a person with a visual disability to compensate for an impediment to employment including manual, preconditioning, pre - vocational, vocational, and supplementary training and training provided for the purpose of achieving broader and more remunerative skills and capacities;

(10) "Service," all of the services provided by the Division of Service to the Blind and Visually Impaired, including independent living, rehabilitation, and minor medical services;

(11) "Vocational rehabilitation" and "vocational rehabilitation services," any services found by the director to be necessary to enable an individual with a visual disability to engage in a remunerative occupation including assessment for determining eligibility and vocational rehabilitation needs, counseling and placement, rehabilitation training, physical restoration, transportation, occupational licenses, customary occupational tools, equipment, maintenance, training books, and materials and adaptive rehabilitation technology devices and services.

Source: SL 1947, ch 248, § 1; SDC Supp 1960, § 55.39B01; SL 1969, ch 215, §§ 1, 2; SL 1977, ch 226, § 15; SL 1994, ch 231, § 1.
S.D. Codified Laws § 28-1-25 — SD Code / Title 28 / Chapter 1 / Section 28-1-25
Protective payment of assistance where recipient incapable
Status: in_force

In cases where recipients of public assistance are wasteful or unable to manage the receipt and disbursement of assistance payments so as to substantially accomplish the purposes for which such assistance is given, the Department of Social Services may protectively pay the same in such manner as to best provide the maintenance of such recipients.

Source: SL 1966, ch 192.
S.D. Codified Laws § 28-14-6 — SD Code / Title 28 / Chapter 14 / Section 28-14-6
Application of lien to property of spouse--Joint tenancy--Continuation of lien
Status: in_force

If any poor person receiving benefits from the county be a married person, the lien therein established shall also be a lien upon all the property, real and personal, including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the husband or wife of such poor person as the case may be, if the Christian names of both spouses are shown in connection with the lien. Such lien shall not sever a joint tenancy or affect the right of survivorship except that the lien shall be enforceable to the extent that the county aid recipient had an interest prior to his death.

Such lien shall continue until the liability for such amount is satisfied except that such lien may be adjusted and compromised as to specific property as now provided by statute.

Source: SDC 1939, § 39.1702; SL 1953, ch 209, § 1; SL 1963, ch 237.
S.D. Codified Laws § 28-6-3.1 — SD Code / Title 28 / Chapter 6 / Section 28-6-3.1
Disposal of assets at less than fair market value--Effect on eligibility
Status: in_force

Any real or personal assets disposed of by an individual, the individual's spouse, or other person acting on behalf of or at the request of the individual, applying for or receiving Title XIX medical assistance for long-term care and home and community based services through the Department of Social Services at less than fair market value, at any time on or after a look back date as defined in this section, are presumed to be assets to the fullest extent allowable for federal financial participation when determining eligibility.

If the asset was disposed of prior to February 8, 2006, and was not a trust or similar legal device, the look back date is a date thirty-six months prior to the first date on which the individual is both institutionalized and has applied to the Department of Social Services for long-term care medical assistance. If the asset was disposed of after February 7, 2006, the look back date is a date sixty months prior to the first date on which the individual is both institutionalized and has applied to the Department of Social Services for long-term care medical assistance. In the case of a trust or similar legal device that is treated as an asset disposed of at less than fair market value, the look back date is a date sixty months prior to the first date on which the individual is both institutionalized and has applied to the Department of Social Services for long-term care medical assistance.

The Department of Social Services shall promulgate rules, pursuant to chapter 1-26 , to determine eligibility for medical assistance for long-term care which shall relate to the following areas:

(1) The period of ineligibility when real or personal assets are given away or sold at less than fair market value;

(2) Exemptions; and

(3) Such other standards and requirements as may be necessary for federal financial participation.

Source: SL 1981, ch 213, § 1; SL 1984, ch 200; SL 1989, ch 242, § 1; SL 1994, ch 228; SL 2007, ch 171, § 1.
S.D. Codified Laws § 28-6-20 — SD Code / Title 28 / Chapter 6 / Section 28-6-20
Effect of28-6-16to28-6-22, inclusive, on other statutes
Status: in_force

The provisions of §§ 28-6-16 to 28-6-22 , inclusive, do not affect any state statute concerning the duty to support a spouse.

Sections 28-6-16 to 28-6-22 , inclusive, do not affect any state statute concerning the transfer of assets for the purpose of establishing eligibility for the medical assistance program.

Source: SL 1989, ch 243, §§ 5, 6.
S.D. Codified Laws § 28-6A-8 — SD Code / Title 28 / Chapter 6A / Section 28-6A-8
Financial assistance to chronic renal failure patients--Services and supplies--Limitations
Status: in_force

The secretary of social services shall extend financial assistance to persons suffering from chronic renal failure requiring dialysis or a transplant to help them obtain the medical, nursing, pharmaceutical, and technical services and supplies necessary for dialysis or transplants, including the renting or purchase of home dialysis equipment. Assistance may not exceed five thousand dollars annually for each eligible patient. Assistance for chronic renal failure may not exceed the amount that would be allowed for similar care and treatment under the medical assistance program authorized by chapter 28-6 . A patient is not eligible for assistance under this chapter until the patient has exhausted all other sources of assistance, including veteran's administration benefits, medical or hospital insurance, third - party liability, assistance under Titles XVIII or XIX of the Social Security Act, or other public or private benefits or assistance. Eligibility for assistance under chapter 28-13 is not considered as a source of assistance for purposes of this section.

Source: SL 1976, ch 219, § 4 (3); SL 1981, ch 214, § 2; SL 1995, ch 165.
S.D. Codified Laws § 28-13-5 — SD Code / Title 28 / Chapter 13 / Section 28-13-5
Children's residency
Status: in_force

For the purposes of this chapter, children shall have the same residency as their parents, the party granted their legal custody pursuant to court order or decree, or as fixed by their guardian.

Source: SDC 1939, § 50.0102 (2); SL 1976, ch 173, § 6.
S.D. Codified Laws § 28-6-30 — SD Code / Title 28 / Chapter 6 / Section 28-6-30
Payments from funding pool to publicly owned and operated nursing facilities
Status: in_force

In addition to any payment made pursuant to a rate set under §§ 28-6-28 to 28-6-36 , inclusive, and notwithstanding any other provision of §§ 28-6-28 to 28-6-36 , inclusive, the department shall pay to each publicly owned and operated nursing facility participating under the provisions of §§ 28-6-28 to 28-6-36 , inclusive, an amount determined by:

(1) Dividing that facility's total medical assistance resident days for the fiscal period by the total medical assistance resident days of all publicly owned and operated nursing facilities participating under the provisions of §§ 28-6-28 to 28-6-36 , inclusive, for the fiscal period; and

(2) Multiplying a decimal fraction determined under subdivision (1), times the funding pool amount determined under § 28-6-29 .

Source: SL 2000, ch 132, § 3.
S.D. Codified Laws § 28-14-15 — SD Code / Title 28 / Chapter 14 / Section 28-14-15
Appearance by county commissioners in lien proceedings--Compromises and agreements regarding liens--Execution of instruments
Status: in_force

The board of county commissioners shall have authority to enter the appearance of the county in any proceeding affecting the property on which the state claims a lien or charge pursuant to §§ 28-14-5 and 28-14-6 , to prosecute or defend in any such proceedings to institute probate proceedings as a creditor of deceased persons, and either in the course of or in the absence of and apart from any action or proceeding enter into any stipulation, compromise, settlements, or other agreements or arrangements in respect to such lien or charge affecting such property as may seem wise, and to execute and deliver any such stipulation, modification, quitclaims, releases, partial releases, discharges, extensions, agreements, satisfactions, partial satisfactions, or subordination or other contract or stipulation or agreement which the interest of the parties or the circumstances of the case may make advisable.

Source: SDC 1939, § 39.1707 as enacted by SL 1941, ch 164, § 2.
S.D. Codified Laws § 28-6A-12 — SD Code / Title 28 / Chapter 6A / Section 28-6A-12
Rules for administration and enforcement
Status: in_force

The secretary of social services may promulgate rules pursuant to chapter 1-26 to properly administer and enforce the provisions of this chapter. The rules may include eligibility for assistance, income and resource limitations, methods of administration and record keeping, and the scope and limitation of services to be provided.

Source: SL 1976, ch 219, § 6; SL 1981, ch 199, § 40; SL 1981, ch 214, § 3; SL 2004, ch 167, § 58.
S.D. Codified Laws § 28-13-32.9 — SD Code / Title 28 / Chapter 13 / Section 28-13-32.9
Determination of person's ability to pay--Factors
Status: in_force

A county is financially responsible only for the hospitalization expense which is beyond the person's ability to pay. A person's ability to pay is determined according to the following:

(1) Determine the household's contributions for taxes, social security, medicare, and payments to other standard retirement programs. A household's contribution for taxes is limited to the amount of taxes payable for the actual number of dependents in the household;

(2) Determine the household's expenses, including actual rent paid or scheduled principal and interest payments for a personal residence plus property taxes and homeowner's insurance costs; all utilities; child care expenses related to work schedules; grocery expenses up to the maximum allowed under the Food Stamp Program's Thrifty Food Plan as specified in rules promulgated by the Department of Social Services pursuant to chapter 1-26 , plus household supplies and toiletries; basic auto expenses, gasoline, and upkeep; employee - paid health, life, and auto insurance payments; installment payments for medical bills; recurring expenses for medicine and medical care; court - ordered child support and alimony paid; automobile installment payments for one vehicle; clothing, reasonable in relation to the household's income; and installment payments, limited to necessary household items required by the household to maintain the needs of everyday living and reasonable in relation to the household's income;

(3) Determine the amount of a household's discretionary income by subtracting the sum of the household's contributions and expenses from the household's income determined according to § 28-13-32.7 . Divide the amount of the household's discretionary income in half and multiply the resulting amount by forty - four dollars and ninety - six cents. The result added to the household's adjusted resources determined according to § 28-13-32.8 equals the household's ability to pay the debt and constitutes the household's share of the hospital bill. The amount of forty - four dollars and ninety - six cents represents the amount of medical or hospital expenses which can be amortized over sixty months at twelve percent annual interest per dollar of payment.

The amount of the county's obligation is determined by subtracting the amount of the household's ability to pay from the hospital charges computed according to § 28-13-29 . If the household defaults on the payment of its share of the hospital bill, a hospital may not pursue a collection action against the county for the defaulted payment.

Source: SL 1997, ch 170, § 16; SL 1998, ch 165, § 2.
S.D. Codified Laws § 28-14-13 — SD Code / Title 28 / Chapter 14 / Section 28-14-13
Rent or sale of real property acquired by foreclosure of lien--Crediting of moneys received
Status: in_force

In all cases of real property acquired under these statutes, the board of county commissioners is authorized to rent or sell the same in the same manner as provided for other real property acquired by the county through foreclosure of school fund mortgages, and all moneys received thereby shall be credited to the respective funds from which the money was drawn to establish the lien.

Source: SDC 1939, § 39.1705.
S.D. Codified Laws § 28-9-32 — SD Code / Title 28 / Chapter 9 / Section 28-9-32
Types of services provided without cost
Status: in_force

Except as otherwise provided by law or as specified in the state plan agreement with the federal government, the following rehabilitation services shall be provided to persons with disabilities based upon their economic need:

(1) Physical and mental restoration;

(2) Transportation, for any purpose except when determining the person's eligibility for vocational rehabilitation services and the nature and extent of the services necessary;

(3) Occupational licenses, tools, equipment, and initial stocks and supplies, excluding computers and computer - related devices needed to overcome a disability - related impediment to employment;

(4) Maintenance for any purpose except when determining the person's eligibility for vocational rehabilitation services and the nature and extent of the services necessary;

(5) Training books and materials; and

(6) Tuition and fees for participating in postsecondary academic training programs under the Federal Student Financial Assistance Program.

Source: SL 1951, § 46, § 8; SDC Supp 1960, § 15.08A08; SDCL, § 13-40-10; SL 1975, ch 128, § 278; SL 1993, ch 210, § 5; SL 1996, ch 185; SL 2001, ch 153, § 1.
S.D. Codified Laws § 28-10-7 — SD Code / Title 28 / Chapter 10 / Section 28-10-7
Political activity by vocational rehabilitation employees prohibited--Discharge or suspension for violation
Status: in_force

No officer or employee engaged in the administration of the vocational rehabilitation program shall take any active part in the management of political campaigns or participate in any political activity, except that he shall retain the right to vote as he may please and to express his opinion as a citizen on all subjects. Any officer or employee violating this provision shall be subject to discharge or suspension.

Source: SL 1947, ch 248, § 12; SDC Supp 1960, § 55.39B12.
S.D. Codified Laws § 28-1-83 — SD Code / Title 28 / Chapter 1 / Section 28-1-83
Unauthorized supplemental nutrition assistance program benefits--Penalty
Status: in_force

Any person convicted of an offense under subdivision 28-1-82 (1) or (2) with a Supplemental Nutrition Assistance Program EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under subdivision 28-1-82 (1) or (2) with a Supplemental Nutrition Assistance Program EBT card value of more than one thousand dollars is guilty of a Class 6 felony. Amounts involved in the acquisition or transfer of EBT cards in violation of subdivisions 28-1-82 (1) and (2), committed pursuant to one scheme or course of conduct in any twelve-month period, may be aggregated in determining the degree of the offense. Any person convicted of an offense under subdivision 28-1-82 (3) or (4) is guilty of a Class 1 misdemeanor.

Source: SL 2005, ch 148, § 2; SL 2023, ch 94, § 3.
S.D. Codified Laws § 28-7A-4 — SD Code / Title 28 / Chapter 7A / Section 28-7A-4
Determining eligibility requirements
Status: in_force

Eligibility criteria and assistance level for temporary assistance for needy families shall be determined by the department with due regard to the necessary expenditures of families in this state.

Source: SL 1997, ch 166, § 5.
S.D. Codified Laws § 28-18-17.1 — SD Code / Title 28 / Chapter 18 / Section 28-18-17.1
Lease-purchase agreements authorized--Pledge of facility and net earnings to payment of bonds and interest
Status: in_force

The governing body of each municipality shall have the power to enter into lease - purchase agreements for a term not to exceed the maturity of the bonds issued under § 28-18-7 by ordinance with any person, firm, or corporation for such facilities. Such lease - purchase agreements shall provide for contractual payments sufficient to amortize the cost of the facilities to be constructed and equipment, plus the fair market value on the date of the agreement, of the site. Such agreements shall also provide for a reasonable rate of interest on the outstanding principal and reimburse the municipality for the cost of any other obligation assumed by it under the contract. In the event the governing body enters into a lease - purchase agreement, the governing body notwithstanding any other provision of this chapter, may pledge the facility constructed and the net earnings therefrom to the payment of said bonds and interest thereon, and provide that the net earnings thereof be set apart as a debt service fund for that purpose.

Source: SL 1963, ch 286, § 3 as added by SL 1968, ch 187.
S.D. Codified Laws § 28-21-4 — SD Code / Title 28 / Chapter 21 / Section 28-21-4
ABLE accounts not guaranteed
Status: in_force

Nothing in this chapter creates any obligation of the council, the state, state investment officer, the Division of Investment, or any agency or instrumentality of the state to guarantee for the benefit of any account owner or designated beneficiary with respect to the return of principal, rate of interest or other return on any account, or payment of interest or other return on any account.

Source: SL 2016, ch 149, § 4.
S.D. Codified Laws § 28-18-19 — SD Code / Title 28 / Chapter 18 / Section 28-18-19
Findings and determinations binding on municipality
Status: in_force

The findings and determinations authorized in §§ 28-18-7 to 28-18-18 , inclusive, shall constitute binding representations, recitals, and covenants of each municipality issuing revenue bonds hereunder to and with the purchasers and holders of all such bonds.

Source: SL 1963, ch 286, § 2.
S.D. Codified Laws § 28-6-22 — SD Code / Title 28 / Chapter 6 / Section 28-6-22
Application of28-6-16to28-6-22, inclusive
Status: in_force

The deeming of income under §§ 28-6-16 to 28-6-22 , inclusive, applies to individuals institutionalized on or after September 30, 1989.

Source: SL 1989, ch 243, § 8.
S.D. Codified Laws § 28-7A-13 — SD Code / Title 28 / Chapter 7A / Section 28-7A-13
Employment as work activity
Status: in_force

An adult in a family receiving assistance under this chapter may fill a vacant employment position in order to engage in a work activity except no such adult may be employed or assigned if any other individual is on layoff from the same or any substantially equivalent job or if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created.

Source: SL 1997, ch 166, § 14.
S.D. Codified Laws § 28-1-85 — SD Code / Title 28 / Chapter 1 / Section 28-1-85
Refugee resettlement agencies--Required annual report
Status: in_force

Any resettlement agency that is authorized to do business in this state and provides programs, services, or other resources in support of refugee resettlement in this state shall, on or before October first of each year, provide a report to the Governor and the Legislature setting forth the following for the preceding fiscal year:

(1) A detailed description of each program, service, or resource provided by the agency in support of refugee resettlement;

(2) The number of resettled refugees who were provided with programs, services, or other resources in each political subdivision; and

(3) Demographic information pertaining to the resettled refugees who were provided with programs, services, or other resources, including:

(a) Age;

(b) Country of origin;

(c) Education; and

(d) Gender.

The report must also include the number of refugees that the entity anticipates will arrive and receive resettlement services by or through the agency during the current fiscal year.

Source: SL 2025, ch 111, § 1.
S.D. Codified Laws § 28-13A-4 — SD Code / Title 28 / Chapter 13A / Section 28-13A-4
Rules for participation by additional counties, withdrawal and administration
Status: in_force

If fifty or more counties elect to participate in the catastrophic county poor relief fund prior to November 1, 1984, the board established in § 28-13A-2 shall establish administrative rules pursuant to chapter 1-26 regarding the procedure and requirements for allowing additional counties to participate in the fund, the procedure and requirements for allowing participating counties to withdraw from the fund and other policies to facilitate the administration, distributions, and assessments associated with the fund.

Source: SL 1984, ch 204, § 4.
S.D. Codified Laws § 28-6-4.5 — SD Code / Title 28 / Chapter 6 / Section 28-6-4.5
Public funds not to be used for abortion except to save life of mother
Status: in_force

No funds of the State of South Dakota or any agency, county, municipality, or any other political subdivision thereof and no federal funds passing through the state treasury or any agency of the State of South Dakota, county, municipality, or any other political subdivision thereof, shall be authorized or paid to or on behalf of any person or entity for or in connection with any abortion that is not necessary for the preservation of the life of the person upon whom the abortion is performed.

Source: SL 1978, ch 207.
S.D. Codified Laws § 28-13A-13 — SD Code / Title 28 / Chapter 13A / Section 28-13A-13
Conditions for disbursement for organ transplants
Status: in_force

The catastrophic county poor relief board may not approve a disbursement for care related to an organ transplant unless the county making application establishes the following:

(1) That the same care is available to nonindigent residents of the county. This may be established by the receipt of letters from six insurance companies doing business in the state verifying that insurance coverage is available for such care;

(2) That the care will not jeopardize the funding of health care services already available within the county;

(3) That the care is reasonable and necessary;

(4) That the care provider has determined that the individual in need of the organ transplant is medically, psychologically, and socially qualified to receive the transplant according to criteria established by the care provider; and

(5) That there is a reasonable expectation that there will be a significant improvement in the individual's duration or quality of life as a result of the transplant.

Source: SL 1988, ch 227.
S.D. Codified Laws § 28-17-1 — SD Code / Title 28 / Chapter 17 / Section 28-17-1
County to employ funeral director to supervise burial or cremation of indigent person
Status: in_force

If any person dies within any county, who does not have money or means necessary to defray the funeral expenses, and whose relatives or friends are unable or unwilling to defray the expenses, the county commissioners shall employ a funeral director to provide for and superintend the burial or cremation of the deceased person.

Source: SDC 1939, § 50.0105; SL 1976, ch 173, § 23; SL 2012, ch 152, § 1.
S.D. Codified Laws § 28-7A-3 — SD Code / Title 28 / Chapter 7A / Section 28-7A-3
Promulgation of rules
Status: in_force

(1) Assistance eligibility qualifications except as otherwise provided in § 28-7A-4.1 , application procedure, and assistance level;

(2) Employability assessment, work activities, and supportive services;

(3) Conditions of continued eligibility, eligibility time limits, eligibility recertification periods, and exemptions;

(4) Program participation requirements, criteria for disqualification, and good cause exemptions;

(5) Disqualification for intentional program violation or failure to comply with program requirements;

(6) Benefit recovery and recoupment policies and procedures;

(7) Methods of distribution and payment of moneys appropriated by the Legislature or received from the federal government for the granting of temporary assistance for needy families;

(8) Development of applications, reports, and other forms;

(9) Enforcement of child support obligations including distribution of collections, cooperative agreements with courts and law enforcement officials, and such other rules as may be found necessary or desirable to qualify for federal financial participation;

(10) Collection, audit, and reporting of facts and statistics relating to the field of public assistance;

(11) Compliance with federal reporting and documentation requirements necessary to qualify for federal funds; and

(12) Any other standards of operation and administration within the mandate of this chapter, as necessary or desirable to qualify for federal financial participation.

Source: SL 1997, ch 166, § 4; SL 2020, ch 116, § 1.
S.D. Codified Laws § 28-14-12 — SD Code / Title 28 / Chapter 14 / Section 28-14-12
Advertising and sale of personal property acquired by lien foreclosure
Status: in_force

All property acquired by the county under this chapter shall in the case of personal property be offered for sale by the board of county commissioners of each county by advertising for bids upon two weeks' notice, published in a legal newspaper within the county, and if such board of county commissioners deem it for the best interests of the county, they shall sell the same to the highest bidder for cash.

Source: SDC 1939, § 39.1705.
S.D. Codified Laws § 28-6-24 — SD Code / Title 28 / Chapter 6 / Section 28-6-24
Medical assistance lien against real property
Status: in_force

Any payment of medical assistance by or through the Department of Social Services to an individual who is an inpatient in a nursing facility, an intermediate care facility for individuals with intellectual disabilities, or other medical institution is a debt and creates a medical assistance lien against any real property in which the individual has any ownership interest. The secretary of social services shall adopt reasonable and necessary rules, pursuant to chapter 1-26 , to define such individuals, establish the amount of the lien, establish limitations on the lien as required by federal law or regulations, and provide any other rules as may be required to obtain federal financial participation in the medical assistance program. The lien so created shall be perfected against real estate as provided in § 28-6-25 .

Source: SL 1994, ch 229, § 2; SL 2013, ch 125, § 13.
S.D. Codified Laws § 28-13-21 — SD Code / Title 28 / Chapter 13 / Section 28-13-21
County funds expended on federal work relief projects--Agreements with federal agencies--Construction of public buildings not authorized
Status: in_force

Every county may expend moneys raised by taxation for the support and employment of the poor for the purpose of sponsoring federal work projects now, or hereafter, established by work relief agencies of the United States, whether now existing or hereafter established by the United States, for the purpose of providing support and employment for poor and indigent persons and may enter into agreements therefor with such federal agencies. The provisions of this section shall not authorize the construction of public buildings or additions thereto in conjunction with federal agencies.

Source: SDC 1939, § 50.0101 as added by SL 1939, ch 200, § 1; SL 1939, ch 200, § 2; SL 1941, ch 211, § 1.
S.D. Codified Laws § 28-9-27 — SD Code / Title 28 / Chapter 9 / Section 28-9-27
Employment of personnel for division
Status: in_force

The director of rehabilitation services shall employ, in accordance with chapter 3-6D , personnel as the director deems necessary for the efficient performance of the Division of Rehabilitation Services.

Source: SL 1951, ch 46, § 3; SDC Supp 1960, § 15.08A03 (1); SDCL § 13-40-5; SL 1973, ch 101; SL 1975, ch 128, § 273; SL 2018, ch 12, § 10.
S.D. Codified Laws § 28-14-2 — SD Code / Title 28 / Chapter 14 / Section 28-14-2
Relief of nonresident--Reimbursement by county of residence
Status: in_force

If a county furnishes relief under the provisions of chapter 28-13 to any person who is a nonresident of the county and the county is unable to collect the amount of relief furnished from the person receiving the relief, the county which furnishes the relief shall have a claim for reimbursement against the county of which the person is a resident as determined by chapter 28-13 for the value of the provided assistance. The county which furnishes relief shall give notice to the county auditor of the resident county of the claim for reimbursement. The resident county shall make the reimbursement out of the poor relief funds for that county.

Source: SDC 1939, § 50.0107 as added by SL 1941, ch 211, § 5; SL 1976, ch 173, § 22; SL 1984, ch 205, § 1.
S.D. Codified Laws § 28-13-26 — SD Code / Title 28 / Chapter 13 / Section 28-13-26
Employment of physician to attend poor persons in county--Annual salary--Monthly report by physician
Status: in_force

Each board of county commissioners may annually employ a duly qualified physician and surgeon registered and licensed in the healing arts, as the term "healing arts" is defined by chapter 36-2 , as county physician, whose duty it shall be to attend and render his services as physician and surgeon to poor persons of the county. The board of county commissioners shall fix the annual salary to be paid and which shall be paid monthly with warrants of the county auditor upon proper verified vouchers approved by the county commissioners. It shall be the duty of such physician and surgeon to file with the county auditor not later than the first day of each month a report disclosing the patients treated by him, the value and kind of services rendered and the name and address of the person so treated within the previous thirty days.

Source: SL 1953, ch 31; SDC Supp 1960, § 50.0204-1; SL 1976, ch 173, § 14.
S.D. Codified Laws § 28-12-4 — SD Code / Title 28 / Chapter 12 / Section 28-12-4
Child support cooperation as condition of eligibility
Status: in_force

The Department of Social Services shall require each person to cooperate with the Division of Child Support as a condition of eligibility, pursuant to 7 C.F.R. § 273.11(o).

Source: SL 2017, ch 121, § 1.
S.D. Codified Laws § 28-21-3 — SD Code / Title 28 / Chapter 21 / Section 28-21-3
Information about ABLE savings programs
Status: in_force

The council may provide information about ABLE savings programs to residents of this state. The state investment officer and the employees of the Division of Investment may assist the council in carrying out its duties under this chapter.

Source: SL 2016, ch 149, § 3.
S.D. Codified Laws § 28-1-51 — SD Code / Title 28 / Chapter 1 / Section 28-1-51
Rules for protection of confidential information
Status: in_force

The secretary of social services may adopt reasonable and necessary rules to protect records and confidential information required by statutory law to be held confidential.

Source: SL 1981, ch 199, § 24.
S.D. Codified Laws § 28-22-6 — SD Code / Title 28 / Chapter 22 / Section 28-22-6
Application of chapter
Status: in_force

This chapter applies to all state funded services, including federal funding, Medicaid and block grant fund sources, state general funds, and other funds allocated by the Department of Social Services or the Department of Human Services, that are provided by the following types of community-based providers:

(1) Nursing facilities;

(2) Assisted living facilities;

(3) In-home service providers;

(4) Group care providers;

(5) Psychiatric residential treatment facilities;

(6) Substance abuse disorder treatment and prevention providers;

(7) Community mental health centers;

(8) Intermediate care facilities for co-occurring intellectual and developmental disabilities;

(9) Community support providers;

(10) Critical access hospitals as defined in § 34-12-1.1 ;

(11) Federally Qualified Health Centers; and

(12) Other types of providers deemed appropriate for inclusion by either the secretary of the Department of Social Services or the secretary of the Department of Human Services.

Source: SL 2017, ch 122, § 6; SL 2026, ch 124, § 1.
S.D. Codified Laws § 28-7A-14 — SD Code / Title 28 / Chapter 7A / Section 28-7A-14
Reconsideration of assistance
Status: in_force

The department may reconsider assistance as frequently as may be required. The department may deny, reduce, suspend, or terminate assistance as the circumstances may indicate upon such reconsideration.

Source: SL 1997, ch 166, § 15.
S.D. Codified Laws § 28-13-23 — SD Code / Title 28 / Chapter 13 / Section 28-13-23
Annual allowances to competent poor persons
Status: in_force

The board of county commissioners may in its discretion allow and pay to poor persons who may become county charges and who are of mature years and sound mind, and who from their general character will probably be benefited thereby, and also to the parents of children with intellectual disabilities and children otherwise helpless and requiring the attention of their parents, and who are unable to provide for such children themselves, such annual allowance as will not exceed the charge of their maintenance in the ordinary mode, such board taking the usual amount of charges in like cases as the rule for making such allowance.

Source: SDC 1939, § 50.0205; SL 2013, ch 125, § 15.
S.D. Codified Laws § 28-11-1 — SD Code / Title 28 / Chapter 11 / Section 28-11-1
Department to enter agreement with federal government and make disability determinations
Status: in_force

The Department of Human Services, through the Division of Rehabilitation Services, may enter into an agreement on behalf of the state with the secretary of health and human services to carry out the provisions of the federal Social Security Act, as amended or superseded as of January 1, 1978, relating to the making of determinations of disability.

Source: SL 1955, ch 261, § 1; SDC Supp 1960, § 55.1111; SL 1977, ch 226, § 25; SL 1978, ch 212; SL 1989, ch 21, § 149.