reglab/housing_qa huggingface dataset:
SD Codified L § 28-6-24 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-24 - Medical assistance lien against real property.

28-6-24. Medical assistance lien against real property.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.
SD Codified L § 28-6-25 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-25 - Filing medical assistance real estate lien.

28-6-25. Filing medical assistance real estate lien.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.
SD Codified L § 28-6-26 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-26 - Exemption to medical assistance lien.

28-6-26. Exemption to medical assistance lien.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.
SD Codified L § 28-6-27 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-27 - Priority of medical assistance lien.

28-6-27. Priority of medical assistance lien.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.
SD Codified L § 28-6-28 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-28 - Definition of terms.

28-6-28. Definition of terms.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.
SD Codified L § 28-6-29 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-29 - Funding pool established.

28-6-29. Funding pool established.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.
SD Codified L § 28-6-30 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-30 - Payments from funding pool to publicly owned and operated nursing facilities.

28-6-30. Payments from funding pool to publicly owned and operated nursing facilities.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.
SD Codified L § 28-6-31 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-31 - Payments to be remitted to department for credit to health care trust fund.

28-6-31. Payments to be remitted to department for credit to health care trust fund.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.
SD Codified L § 28-6-32 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-32 - Publicly owned and operated nursing facility may receive and shall remit payments under §§ 28-6-30 and 28-6-31--Exception.

28-6-32. Publicly owned and operated nursing facility may receive and shall remit payments under §§28-6-30 and 28-6-31--Exception.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.
SD Codified L § 28-6-33 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-33 - Code provisions governing investment in health care trust fund.

28-6-33.Code provisions governing investment in health care trust fund.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.
SD Codified L § 28-6-34 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-34 - Funds appropriated under § 28-6-1 may be used for payments under § 28-6-30.

28-6-34. Funds appropriated under §28-6-1 may be used for payments under §28-6-30.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.
SD Codified L § 28-6-35 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-35 - Promulgation of rules regarding health care trust fund and funding pool.

28-6-35. Promulgation of rules regarding health care trust fund and funding pool.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.
SD Codified L § 28-6-36 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-36 - No entitlement to funds.

28-6-36. No entitlement to funds.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.
SD Codified L § 28-6-37 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-37 - Eligibility for nursing and rehabilitative services--Countable assets reduced by long-term care partnership program policy benefits.

28-6-37. Eligibility for nursing and rehabilitative services--Countable assets reduced by long-term care partnership program policy benefits.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.
SD Codified L § 28-6-38 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-38 - South Dakota long-term care partnership program established.

28-6-38. South Dakota long-term care partnership program established.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.
SD Codified L § 28-6A-2 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-2 - Dialysis and transplant program to be established--Assistance rendered.

28-6A-2. Dialysis and transplant program to be established--Assistance rendered.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.
SD Codified L § 28-6A-4 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-4 - Development of prevention programs.

28-6A-4. Development of prevention programs.The secretary of the Department of Social Services shall, in cooperation with the secretary of health, provide for or coordinate the development of programs for the prevention of chronic renal diseases. Source: SL 1976, ch 219, §4 (4).
SD Codified L § 28-6A-5 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-5 - Educational program for health care agencies--Content.

28-6A-5. Educational program for health care agencies--Content.The secretary of the Department of Social Services shall in cooperation with the secretary of health, institute and carry on an educational program among physicians, hospitals, public health departments, and the public concerning chronic renal failure requiring dialysis or transplant, including the dissemination of information and the conducting of educational programs concerning the causes and prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases. Source: SL 1976, ch 219, §4 (5).
SD Codified L § 28-6A-8 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-8 - Financial assistance to chronic renal failure patients--Services and supplies--Limitations.

28-6A-8. Financial assistance to chronic renal failure patients--Services and supplies--Limitations.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.
SD Codified L § 28-6A-10 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-10 - Contracts authorized for assistance from other agencies.

28-6A-10. Contracts authorized for assistance from other agencies.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.
SD Codified L § 28-6A-11 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-11 - Matching funds agreements with other agencies.

28-6A-11. Matching funds agreements with other agencies.The secretary of the Department of Social Services may make agreements with other agencies to use money made available by legislative appropriation to match other funds including, but not limited to funds provided by vocational rehabilitation and Title XIX of the Social Security Act, to best carry out the intent of the program. Source: SL 1976, ch 219, §9.
SD Codified L § 28-6A-12 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-12 - Rules for administration and enforcement.

28-6A-12. Rules for administration and enforcement.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.
SD Codified L § 28-6A-13 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06A - Assistance In Treatment Of Kidney Disease|Section 28-6A-13 - Schedule for copayment of service fees--Payments by applicant and department.

28-6A-13. Schedule for copayment of service fees--Payments by applicant and department.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.
SD Codified L § 28-6B-1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06B - Medical Care For Unborn Children|Section 28-6B-1 - Prenatal care program created.

28-6B-1. Prenatal care program created.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.
SD Codified L § 28-6B-2 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06B - Medical Care For Unborn Children|Section 28-6B-2 - State plan amendment or waiver for approval by federal Centers for Medicare and Medicaid Services.

28-6B-2. State plan amendment or waiver for approval by federal Centers for Medicare and Medicaid Services.Within thirty days after July 1, 2016, the Department of Social Services shall submit a state plan amendment or waiver for approval by the federal Centers for Medicare and Medicaid Services to provide prenatal coverage under the medical assistance program in accordance with this chapter. Source: SL 2016, ch 148, §2.
SD Codified L § 28-6B-3 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06B - Medical Care For Unborn Children|Section 28-6B-3 - Administration by department.

28-6B-3. Administration by department.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.