reglab/housing_qa huggingface dataset:
SD Codified L § 27A-12-26.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-26.1 - Access to own records--Exceptions--Confidentiality following discharge.

27A-12-26.1. Access to own records--Exceptions--Confidentiality following discharge.A person has the right to access, upon request, to his mental health records. However, the person may be refused access to:(1)Information in such records provided by a third party under assurance that such information remain confidential; and(2)Specific material in such records if the qualified mental health professional responsible for the mental health services concerned has made a determination in writing that such access would be detrimental to the person's health. However, such material may be made available to a similarly licensed qualified mental health professional, selected by the person; and such professional may, in the exercise of professional judgment, provide such person with access to any or all parts of such material or otherwise disclose the information contained in the material to such person.The rights to confidentiality of and access to records as provided in §§27A-12-25 to 27A-12-32, inclusive, shall remain applicable to records pertaining to such person after the person's discharge. Source: SL 1991, ch 220, §230.
SD Codified L § 27A-12-27 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-27 - Obligation to disclose confidential information.

27A-12-27. Obligation to disclose confidential information.If requested, information shall be disclosed:(1)Pursuant to an order or subpoena of a board of mental illness or a court of record or a subpoena of the Legislature;(2)To a prosecuting or defense attorney or to a qualified mental health professional as necessary for the attorney or professional to participate in a proceeding governed by this title;(3)To an attorney representing a person who is presently subject to the authority of this title or who has been discharged when that person has given consent;(4)If necessary in order to comply with another provision of law;(5)To the department if the information is necessary to enable the department to discharge a responsibility placed upon it by law; (6)To a states attorney or the attorney general for purpose of investigation of an alleged criminal act either committed by or upon a human services center patient while a patient of the center; or(7)To a law enforcement official or agency, or correctional institution, if the official, agency, or institution informs the inpatient facility that an arrest warrant has been issued for or criminal charges are pending against a person, for purposes of obtaining custody of the person by a law enforcement official or agency before discharge. Source: SL 1975, ch 181, §14; SDCL Supp §27-7-60; SL 1991, ch 220, §§231, 232; SL 1992, ch 189, §5; SL 2016, ch 147, §1.
SD Codified L § 27A-12-27.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-27.1 - Request for notice and notice of pending discharge.

27A-12-27.1. Request for notice and notice of pending discharge.If a request for notice is made pursuant to subdivision 27A-12-27(7), the request shall:(1)Be made in writing and served upon an inpatient facility, either by personal service or electronic facsimile with oral notice of the facsimile given by telephone, before the discharge;(2)Contain clear contact information and a reasonable contact method for notifying the requesting official, agency, or institution; and(3)Contain clear information identifying the person.Upon receipt of a request fulfilling the requirements of this section, the inpatient facility shall provide the notice of pending discharge to the requester as soon as reasonably practical before discharge. The notice shall contain the time, date, and location of the pending discharge. The inpatient facility shall record in the person's medical record the time the notice of pending discharge is given, to whom, how the notice was given, who gave the notice, the set time for discharge, and the time the law enforcement official or agency obtained custody of the person after the notice was given, if applicable. Source: SL 2016, ch 147, §2.
SD Codified L § 27A-12-27.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-27.2 - Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody.

27A-12-27.2. Detention of person subject to petition for involuntary commitment if necessary for law enforcement to obtain custody.If a person is subject to a petition for involuntary commitment under this title, the inpatient facility may detain that person in the facility for a period of time not to exceed four hours after the time set for discharge, if necessary for a law enforcement official or agency to obtain custody of the person. This period of time includes four hours after the board of mental illness releases a detention of the person pursuant to this title. If the person is not taken into custody after the notice to the requester and within the specified period of time, the person shall be released from any detention or discharged, as appropriate. The inpatient facility shall record the time of the release or discharge in the person's medical record. If the person was a voluntary patient in the inpatient facility, the person shall maintain the right to discharge as provided in §27A-8-10. Source: SL 2016, ch 147, §3.
SD Codified L § 27A-12-27.3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-27.3 - Immunity from liability for good faith detention.

27A-12-27.3. Immunity from liability for good faith detention.The detention of a person in good faith and not in excess of the period of time specified in §27A-12-27.2 may not render any law enforcement official, agency, institution, board, court, physician, inpatient facility, or staff detaining the person liable in any criminal or civil action for false arrest or false imprisonment. Source: SL 2016, ch 147, §4.
SD Codified L § 27A-12-29 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-29 - Discretionary disclosure of confidential information.

27A-12-29. Discretionary disclosure of confidential information.Information may be disclosed in the discretion of the holder of the record:(1)As necessary or beneficial in order for the person, or persons acting on behalf of the person, to apply for and acquire benefits for the person, including third-party financial payments, assistance, or services and follow-up, care, and treatment by local centers serving the area to which a person is expected to go upon temporary or permanent release or discharge;(2)As necessary or beneficial for evaluation and accreditation;(3)As necessary or beneficial to train persons enrolled in an accredited course leading to a degree and qualification, certification, or registration as a qualified mental health professional, licensed practical nurse, registered nurse, psychologist, social worker, physical therapist, occupational therapist, laboratory technician, medical records professional, dietician, or other health care professional;(4)Upon request of the Human Services Center, with disclosure of records limited to relevant medical and psychiatric records; or(5)If any person subject to the proceedings under this chapter has communicated a serious threat of serious physical injury against a reasonably identifiable victim, the person with knowledge of the threat may disclose the threat to the potential victim or to any law enforcement officer, or both. No cause of action may arise under this chapter against the person who, in good faith, discloses the threat to a potential victim or law enforcement officer pursuant to the provisions of this subdivision. Source: SL 1975, ch 181, §16; SDCL Supp, §27-7-62; SL 1983, ch 213; SL 1990, ch 202; SL 1991, ch 220, §§234, 235; SDCL §27A-12-28; SL 2007, ch 170, §1.
SD Codified L § 27A-12-30 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-30 - Released information approved by administrator--Record of release.

27A-12-30. Released information approved by administrator--Record of release.Any release of information by the holder of the record shall be approved by the administrator or facility director holding the records. The holder of the record shall keep a record of any information released, to whom, the date it was released and the purpose for such release. Source: SL 1975, ch 181, §17; SDCL Supp, §27-7-63; SL 1991, ch 220, §§236, 237.
SD Codified L § 27A-12-31 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-31 - Identity of patient protected in disclosing information--Disclosure limited by germaneness.

27A-12-31. Identity of patient protected in disclosing information--Disclosure limited by germaneness.If information is disclosed, the identity of the individual to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. Source: SL 1975, ch 181, §12; SDCL Supp, §27-7-64; SL 1991, ch 220, §§238, 239.
SD Codified L § 27A-12-32 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-32 - Disclosure by recipient of confidential information.

27A-12-32. Disclosure by recipient of confidential information.Any person receiving confidential information pursuant to §27A-12-25 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was obtained. Source: SL 1975, ch 181, §13; SDCL Supp, §27-7-65; SL 1991, ch 220, §§240, 241.
SD Codified L § 27A-12-32.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-32.1 - Asserting grievances.

27A-12-32.1. Asserting grievances.A person may assert grievances with respect to infringement of the rights described in this chapter, including the right to have such grievances considered in a fair, timely, and impartial grievance procedure which provides a meaningful review. Source: SL 1991, ch 220, §242.
SD Codified L § 27A-12-32.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-32.2 - Habeas corpus available for committed, confined, detained, or restrained person.

27A-12-32.2. Habeas corpus available for committed, confined, detained, or restrained person.Any person involuntarily committed by a board of mental illness and any person confined or in any manner detained or restrained is entitled to the benefit of the writ of habeas corpus. If the court finds that the criteria in §27A-10-9.1 are met, the court may authorize continued involuntary commitment. Such authorization is not a bar to the issuing of the writ the second time if it is alleged that the criteria in §27A-10-9.1 are no longer met. Source: SDC 1939, §30.0111; SDCL, §27-10-1; SL 1975, ch 181, §134; SL 1991, ch 220, §244; SDCL, §27A-12-4.
SD Codified L § 27A-12-33 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-33 - Provisions of title do not replace or limit other rights.

27A-12-33. Provisions of title do not replace or limit other rights.The provisions of this title may not be construed as replacing or limiting any other rights, benefits, or privileges afforded any person pursuant to other provisions of law, the Constitution of South Dakota, and the Constitution of the United States. Source: SL 1975, ch 181, §2; SDCL Supp, §27-1-8; SL 1991, ch 220, §§245, 246.
SD Codified L § 27A-12-33.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-33.1 - Exercise of rights.

27A-12-33.1. Exercise of rights.The exercise of rights afforded in this title are not subject to any reprisal, including reprisal through the actual or threatened denial of any treatment, benefits, privileges, or other rights. Source: SL 1991, ch 220, §247.
SD Codified L § 27A-12-34 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness|Section 27A-12-34 - Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center.

27A-12-34. Notification to guardian or next of kin as to admission or commitment to, or discharge from, Human Services Center.If a person is admitted, involuntarily committed, or discharged from the Human Services Center, reasonable attempts shall be made to notify the person's legally appointed guardian. Upon obtaining consent to release information, reasonable attempts shall also be made to notify the person's next of kin. If the treating psychiatrist determines the person lacks the capacity to provide consent, the Human Services Center shall make reasonable attempts to notify the person's next of kin as to admission, or commitment to, or discharge from the Human Services Center, unless such notification is determined by the treating psychiatrist, with the input of the person's treatment team, to be detrimental to the person. Source: SL 1992, ch 190, §5; SL 2000, ch 129, §17.
SD Codified L § 27A-13-2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-2 - Definition of terms.

27A-13-2. Definition of terms.Terms used in this chapter mean:(1)(a)"Full-time equivalent patient population in the center's psychiatric nursing facility unit," the total daily patient count in that unit at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the number of days in that fiscal year;(b)"Full-time equivalent patient population, excluding psychiatric nursing facility unit patients," the total daily patient count, excluding those patients in the center's psychiatric nursing facility unit, at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the number of days in that fiscal year;(2)(a)"Per diem for the center's psychiatric nursing facility unit," the daily amount, set by the secretary of social services, for the daily care, support, maintenance, and treatment of a patient in the center's psychiatric nursing facility unit during any part of the period of time for which the amount is set if it has been determined that the patient or legally responsible person or agency is not able to pay the total service charge;(b)"Per diem for any of the center's treatment programs, other than the psychiatric nursing facility unit," the daily amount, set by the secretary of social services, for the daily care, support, maintenance, and treatment of a patient in any of the center's acute, adolescent, alcohol, drug, extended (chronic), or other such treatment units, other than the center's psychiatric nursing facility unit, during any part of the period of time for which the amount is set if it has been determined that the patient or legally responsible person or agency is not able to pay the total service charge;(3)"Responsible person," a person legally liable for the support and maintenance of a patient. A parent is not liable for the expenses of an adult child;(4)"Total service charge," the actual cost of providing services to an individual patient at the South Dakota Human Services Center. Source: SL 1964, ch 104, §2; SDCL §27-9-2; SL 1975, ch 181, §117; SL 1980, ch 194, §1; SL 1989, ch 21, §95; SL 1991, ch 220, §254; SL 1999, ch 142, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.
SD Codified L § 27A-13-3 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-3 - Department responsible for collection and processing of fees.

27A-13-3. Department responsible for collection and processing of fees.The Department of Social Services is responsible for the collection and processing of fees due to the state for the care of patients in the South Dakota Human Services Center. Source: SL 1964, ch 104, §3; SDCL §27-9-11; SL 1989, ch 21, §96; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
SD Codified L § 27A-13-3.1 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-3.1 - Human Services Center to maintain billing statement for each patient--Determination of ability to pay--Costs assessed patient or state.

27A-13-3.1. Human Services Center to maintain billing statement for each patient--Determination of ability to pay--Costs assessed patient or state.The secretary of social services shall direct the Human Services Center to calculate and maintain for each patient at the center a billing statement itemizing the individual charges for the care, support, maintenance, and treatment provided to each patient. The center shall determine the patient or legally responsible person or agency's ability to pay such charges considering such factors as the person's financial ability to pay and the availability of commercial insurance or other third-party payors. If the center determines that the patient or legally responsible person or agency is able to pay the total service charge, the charge shall be assessed and collected by the Human Services Center. If the center determines that the patient or legally responsible person lacks the ability to pay the total service charge based upon the before-mentioned considerations, the patient's account shall be assessed to the state. Source: SL 1999, ch 142, §2; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.
SD Codified L § 27A-13-3.2 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-3.2 - Secretary to promulgate rules to determine fees and ability to pay.

27A-13-3.2. Secretary to promulgate rules to determine fees and ability to pay.The secretary of social services shall promulgate rules, pursuant to chapter 1-26, to establish a method to determine the fee for each service or test based on the actual cost of performing the service or test and the determination of ability to pay and indigence. The secretary of social services shall periodically review and approve the listing of itemized charges. Source: SL 1999, ch 142, §3; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.
SD Codified L § 27A-13-4 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-4 - Liability of resident and legally responsible person for cost of care--Federal charges.

27A-13-4. Liability of resident and legally responsible person for cost of care--Federal charges.If any person is admitted to a state facility, the resident and any legally responsible person is liable for the cost of the care, support, maintenance, and treatment of such persons to the extent and in the manner provided by this title. If the resident is not a proper charge of any county but is a charge of the federal government, the costs shall be assessed against the appropriate agency of the federal government. Source: SDC 1939, §30.0217; SL 1964, ch 104, §11; SDCL, §27-9-3; SL 1975, ch 181, §118; SL 1991, ch 220, §255.
SD Codified L § 27A-13-5 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-5 - Tender of charges required on voluntary hospitalization--County or governmental pledge of payment--Monthly payment in advance--Indigent person.

27A-13-5. Tender of charges required on voluntary hospitalization--County or governmental pledge of payment--Monthly payment in advance--Indigent person.Every person who is admitted to the center on a voluntary basis shall, prior to his admittance, tender to the administrator of the facility the minimum amount charged against the counties in §27A-13-16. If this sum is not tendered, the person shall have an authorization to be admitted and a pledge to pay the minimum amount by the county commissioners of his county of legal settlement or a pledge from any other responsible governmental entity. If the person is indigent, his county is obligated to pay the admission fee and cost of care.Continued voluntary treatment without commission or governmental approval shall be contingent upon an advance monthly payment according to ability to pay but in no instance may it be less than the minimum amount. Source: SDC 1939, §30.0115 as added by SL 1959, ch 170; SL 1961, ch 153; SL 1964, ch 104, §8; SDCL, §27-4-13; SL 1975, ch 181, §34; SL 1991, ch 220, §256.
SD Codified L § 27A-13-6 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-6 - County payments for indigent voluntary patients entitled to poor relief--Residency not admitted by payment.

27A-13-6. County payments for indigent voluntary patients entitled to poor relief--Residency not admitted by payment.The county of residence shall make payments for the care and treatment of any indigent person voluntarily admitted to the South Dakota Human Services Center the same as if there had been a regular commitment pursuant to chapter 27A-10 if such person is entitled to poor relief pursuant to chapter 28-13 and if such payments are based upon a statement by the administrator of the South Dakota Human Services Center that it would be in the best interests of such person that such person be kept at such hospital. In the event of a dispute as to a patient's residency, no payments made by any county constitute an admission that a patient has a residency within such county. Source: SDC 1939, §30.0115 as added by SL 1961, ch 153; SL 1964, ch 104, §8; SDCL, §27-9-26; SL 1976, ch 173, §33; SL 1977, ch 211, §4; SL 1991, ch 220, §257.
SD Codified L § 27A-13-8 (2021)
2021 South Dakota Codified Laws|Title 27A - Mentally Ill Persons|Chapter 13 - Costs Of Care And Treatment In State Facilities|Section 27A-13-8 - Full per diem cost paid by person financially able to pay.

27A-13-8. Full per diem cost paid by person financially able to pay.Any patient who is determined by the secretary of social services to be unable to pay the total services charge, but who is determined, as provided in §§27A-13-9 and 27A-13-10, to be financially able to pay the per diem rate shall continue to be charged the per diem cost for each day of continuous patient status. Source: SL 1964, ch 104, §4 (2); SDCL §27-9-5; SL 1975, ch 181, §120; SL 1989, ch 21, §98; SL 1991, ch 220, §258; SL 1999, ch 142, §5; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.