reglab/housing_qa huggingface dataset:
SD Codified L § 22-44-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 44 - Cable Television And Multipoint Distribution Systems|Section 22-44-3 - Seizure of equipment.

22-44-3. Seizure of equipment.Any equipment, device, or instrument possessed in violation of §22-44-2 may be seized as contraband after a conviction of the owner or possessor of the equipment for a violation of this chapter. Source: SL 1984, ch 173, §3.
SD Codified L § 22-44-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 44 - Cable Television And Multipoint Distribution Systems|Section 22-44-4 - Multipoint distribution system and multichannel multipoint distribution system defined.

22-44-4. Multipoint distribution system and multichannel multipoint distribution system defined.Multipoint distribution system and multichannel multipoint distribution system mean a subscription television, audio, or other data service, using the 2.5 gigahertz frequency band and the receiving device or decoder which is necessary for reception of the services provided by the system. Source: SL 1984, ch 173, §4; SL 1990, ch 169, §3.
SD Codified L § 22-45-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-1 - Definition of terms.

22-45-1. Definition of terms.Terms as used in this chapter mean:(1)"Benefit," any benefit authorized under the medical services program of the State Department of Social Services;(2)"Claim," any communication, whether oral, written, electronic, or magnetic, which is utilized to identify a good, item, or service as reimbursable under the program;(3)"Person," any individual, corporation, limited liability company, partnership, association, or other legal entity;(4)"Program," the medical assistance program authorized by Title XIX of the Federal Social Security Act and implemented by the medical services program of the State Department of Social Services;(5)"Provider," any person who has applied to participate or who participates in the program as a provider of a good or a service;(6)"Recipient," any individual who receives benefits under the program;(7)"Records," any medical, professional, or business records relative to the treatment or care of any recipient, or to a good or a service provided to any such recipient, or to rates paid for such a good or a service, and any records required to be kept by regulations of the program;(8)"Sign," to affix a signature directly or indirectly by means of handwriting, typewriter, signature stamp, computer impulse, or other means; and(9)"Single state agency," the state agency which administers the program, or any person who by virtue of a contract or agreement with the state administers any part of the program, or processes or pays claims for the program. Source: SL 1986, ch 187, §1; SL 1994, ch 351, §42.
SD Codified L § 22-45-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-2 - Action by which claimant commits an offense--Violation a felony.

22-45-2. Action by which claimant commits an offense--Violation a felony.A person commits an offense if he:(1)Makes or causes to be made a claim, knowing the claim to be false, in whole or in part, by commission or omission; or(2)Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide a good or a service, knowing the statement or representation to be false, in whole or in part, by commission or omission; or(3)Makes or causes to be made a statement or representation for use by another in obtaining a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission; or(4)Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission.A violation of this section is a Class 5 felony. Source: SL 1986, ch 187, §2.
SD Codified L § 22-45-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-3 - Application to participate as provider--Perjury for submitting false statements--Violation a felony.

22-45-3. Application to participate as provider--Perjury for submitting false statements--Violation a felony.Each application to participate as a provider in the program, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for a good or a service provided to the recipient shall contain a statement that all matters stated therein are true and accurate, signed by the individual responsible for the provider, under the penalty of perjury. A person commits perjury if he signs or submits, or causes to be signed or submitted, such a statement, and he knows, or should have known, that the application, report, or invoice containing information is false, in whole or in part, by commission or omission. A violation of this section is a Class 5 felony. Source: SL 1986, ch 187, §3.
SD Codified L § 22-45-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-4 - Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony.

22-45-4. Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony.A person commits an offense if he:(1)Acting on behalf of a provider, purchases or leases goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program and solicits or accepts anything of additional value in return for or in connection with such purchase or lease; or(2)Sells or leases to or for the use of provider, goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program, and offers, transfers, or pays anything of additional value in connection with or in return for such sale or lease; or(3)Refers an individual to a provider for the provision of a good or a service for which payment may be made, in whole or in part, under the program, and solicits or accepts anything of value in connection with such referral.It is an exception to subdivisions (1) and (2) of this section that the additional value transferred is a refund or discount made in the ordinary course of business and reflected by the books and records of the individual, corporation, or association.A violation of this section is a Class 5 felony. Source: SL 1986, ch 187, §4.
SD Codified L § 22-45-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-5 - Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony.

22-45-5. Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony.A person commits an offense if he, acting on behalf of a provider providing a good or a service to a recipient under the program, charges, solicits, accepts, or receives anything of additional value in addition to the amount legally payable under the program in connection with a provision of such a good or a service.A violation of this section is a Class 5 felony. Source: SL 1986, ch 187, §5.
SD Codified L § 22-45-6 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-6 - Failure to keep necessary records upon which claim is based--Violation a misdemeanor.

22-45-6. Failure to keep necessary records upon which claim is based--Violation a misdemeanor.A person commits an offense if he:(1)Having submitted a claim for or received payment for a good or a service under the program, intentionally fails to maintain such records as are necessary to disclose fully the nature of all a good or a service for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for a period of at least six years following the date on which payment was received; or(2)Knowingly destroys such records within six years from the date payment was received.A violation of this section is a Class 1 misdemeanor. Source: SL 1986, ch 187, §6.
SD Codified L § 22-45-7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-7 - Liability for receipt of payment by person not entitled thereto.

22-45-7. Liability for receipt of payment by person not entitled thereto.Any person who receives payment for furnishing a good or a service under the program, which the person is not entitled to receive by reason of offenses under §§22-45-2 to 22-45-6, inclusive, may in addition to any other penalties provided by law, be liable for civil penalties of:(1)Payment of interest on the amount of the excess payment at the rate provided for pursuant to the official state interest rates under §54-3-16, category B, from the date upon which payment was made to the date upon which repayment is made to the program; and(2)Payment of up to three times the amount of damages sustained, including the cost of investigation and litigation; and(3)Payment in the sum of two thousand dollars for each false or fraudulent claim, statement, or representation submitted for providing a good or a service.A criminal action need not be brought against the person for liability to attach under this section. Source: SL 1986, ch 187, §7.
SD Codified L § 22-45-8 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-8 - Suspension or exclusion from participation as provider of person convicted of committing offense.

22-45-8. Suspension or exclusion from participation as provider of person convicted of committing offense.Any person providing a good or a service under the program who has been determined to have committed an offense under §§22-45-2 to 22-45-7, inclusive, may be suspended or excluded from participation as a provider or an employee of a provider for a period to be determined by the single-state agency. A criminal action need not be brought against the person before suspension or exclusion under this section. Source: SL 1986, ch 187, §8.
SD Codified L § 22-45-9 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-9 - Access to records by attorney general, state medicaid control unit, and grand jury.

22-45-9. Access to records by attorney general, state medicaid control unit, and grand jury.The attorney general and the state medicaid fraud control unit, upon reasonable request, and the grand jury, upon subpoena therefore, shall have full access to all records held by a provider or by any other person on his behalf, which could be relevant in any manner to the determination of the existence of offenses under §§22-45-2 to 22-45-6, inclusive, or related crimes, or the existence of patient abuse, mistreatment or neglect, or the theft of patient funds.Upon issuance of a summons for such records, the grand jury shall take possession of the records for use by the grand jury and the attorney general in the investigation of offenses under this chapter and related crimes.In examining such records, the attorney general and grand jury shall safeguard the privacy rights of recipients, avoiding unnecessary disclosure of personal information concerning named recipients. However, the attorney general may transmit such information as he deems appropriate to the single-state agency and to other agencies concerned of the regulation of health facilities or health professionals.No persons holding such records may refuse to provide the attorney general or the grand jury with access to such records for the purposes described in this chapter on the basis that release would violate any recipient's right of privacy, any recipient's privileges against disclosure or use, or any professional or other privilege right. Source: SL 1986, ch 187, §9.
SD Codified L § 22-45-10 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-10 - Use of other civil or criminal remedy not precluded.

22-45-10. Use of other civil or criminal remedy not precluded.The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy. Source: SL 1986, ch 187, §10.
SD Codified L § 22-45-11 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program|Section 22-45-11 - Limitation on civil action.

22-45-11. Limitation on civil action.No civil action may be brought under this chapter more than six years after the cause of action accrues. Source: SL 1986, ch 187, §11.
SD Codified L § 22-46-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-1 - Definition of terms.

22-46-1. Definition of terms.Terms used in this chapter mean:(1)"Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care;(2)"Caretaker," a person or entity who is entrusted with the property of an elder or adult with a disability, or who is responsible for the health or welfare of an elder or adult with a disability, and who assumes the position of trust or responsibility voluntarily, by contract, by receipt of payment, or by order of the court;(3)"Elder," a person sixty-five years of age or older;(4)"Emotional and psychological abuse," a caretaker's willful, malicious, and repeated infliction of:(a)A sexual act or the simulation of a sexual act directed at and without the consent of the elder or adult with a disability that involves nudity or is obscene;(b)Unreasonable confinement;(c)Harm or damage or destruction of the property of an elder or adult with a disability, including harm to or destruction of pets; or(d)Ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to inflict physical or emotional and psychological abuse, directed at an elder or adult with a disability;(5)"Exploitation," the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability; (6)"Neglect," harm to the health or welfare of an elder or an adult with a disability, without reasonable medical justification, caused by a caretaker, within the means available for the elder or adult with a disability, including the failure to provide adequate food, clothing, shelter, or medical care; and(7)"Physical abuse," physical harm, bodily injury, attempt to cause physical harm or injury, or fear of imminent physical harm or bodily injury. Source: SL 1986, ch 186, §1; SL 1990, ch 171, §1; SL 2005, ch 120, §339; SL 2007, ch 147, §1; SL 2013, ch 125, §4; SL 2016, ch 120, §1.
SD Codified L § 22-46-1.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-1.1 - Neglect--Exclusions from definition.

22-46-1.1. Neglect--Exclusions from definition.For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based upon a previously executed declaration, do-not-resuscitate order, or a power of attorney for health care; a decision to not seek medical care for an elder or disabled adult if otherwise authorized by law; or the failure to provide goods and services outside the means available for the elder or disabled adult. Source: SL 2007, ch 147, §2.
SD Codified L § 22-46-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-2 - Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.

22-46-2. Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony.Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty of a Class 1 misdemeanor. Source: SL 1986, ch 186, §2; SL 1990, ch 171, §2; SL 2005, ch 120, §341; SL 2007, ch 147, §3; SL 2016, ch 120, §2.
SD Codified L § 22-46-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-3 - Theft by exploitation--Penalty.

22-46-3. Theft by exploitation--Penalty.Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A. Source: SL 1986, ch 186, §3; SL 1989, ch 30, §53; SL 2005, ch 120, §342; SL 2007, ch 147, §4; SL 2016, ch 120, §21.
SD Codified L § 22-46-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-5 - Investigation of report of abuse, neglect or exploitation.

22-46-5. Investigation of report of abuse, neglect or exploitation.The person or agency that receives, pursuant to §22-46-7, a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists to support further investigation. In investigating a violation of this chapter, law enforcement agencies shall cooperate with and assist the Department of Human Services. Upon receiving a report made pursuant to this chapter, the law enforcement agency shall evaluate whether a criminal investigation is appropriate. Source: SL 1990, ch 171, §4; SL 2016, ch 120, §24; SL 2017, ch 230 (Ex. Ord. 17-1), §22, eff. Apr. 13, 2017.
SD Codified L § 22-46-7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-7 - Report of abuse, neglect, or exploitation.

22-46-7. Report of abuse, neglect, or exploitation.A report of abuse, neglect, or exploitation under this chapter may be made orally or in writing to the state's attorney of the county in which the elder or disabled adult resides or is present, to the Department of Human Services, or to the law enforcement officer. The state's attorney or law enforcement officer, upon receiving a report, shall immediately notify the Department of Human Services. Source: SL 2007, ch 147, §5; SL 2017, ch 230 (Ex. Ord. 17-1), §23, eff. Apr. 13, 2017.
SD Codified L § 22-46-8 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-8 - Immunity from liability for reporting abuse, neglect, or exploitation.

22-46-8. Immunity from liability for reporting abuse, neglect, or exploitation.Any person who, in good faith, makes a report of abuse, neglect, or exploitation of any elder or disabled adult, is immune from any civil or criminal liability that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the report. This immunity extends in a like manner to any public official involved in the investigation of abuse, neglect, or exploitation of any elder or disabled adult, or to any person or institution who in good faith cooperates with any public official in an investigation. The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act. Source: SL 2007, ch 147, §7.
SD Codified L § 22-46-9 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.

22-46-9. Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.Any:(1)Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional;(2)Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or(3)State, county, or municipal criminal justice employee or law enforcement officer; who knows, or has reasonable cause to suspect, that an elder or adult with a disability has been or is being abused, neglected, or exploited, shall, within twenty-four hours, report such knowledge or suspicion orally or in writing to the state's attorney of the county in which the elder or adult with a disability resides or is present, to the Department of Human Services, or to a law enforcement officer. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.A person described in this section is not required to report the abuse, neglect, or exploitation of an elder or adult with a disability if the person knows that another person has already reported to a proper agency the same abuse, neglect, or exploitation that would have been the basis of the person's own report. Source: SL 2011, ch 119, §1; SL 2016, ch 120, §22; SL 2016, ch 128, §1; SL 2017, ch 230 (Ex. Ord. 17-1), §24, eff. Apr. 13, 2017.