reglab/housing_qa huggingface dataset:
SD Codified L § 28-1-82 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-82 - Unauthorized acquisition or transfer of food stamp benefits.

28-1-82. Unauthorized acquisition or transfer of food stamp benefits.Any person who knowingly:(1)Acquires, purchases, possesses, or uses any food stamp EBT card to obtain food stamp benefits that the person is not entitled to;(2)Transfers, sells, trades, gives, or otherwise disposes of any food stamp EBT card to another person not entitled to receive or use it in exchange for anything of value;(3)Acquires, purchases, possesses, or uses any eligible goods purchased with a food stamp EBT card that the person is not entitled to; or(4)Transfers, sells, trades, gives, or otherwise disposes of any eligible goods purchased with a food stamp EBT card to another person not entitled to receive it in exchange for anything of value;is guilty of unauthorized acquisition or transfer of food stamp benefits. Source: SL 2005, ch 148, §1.
SD Codified L § 28-1-83 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-83 - Violation of § 28-1-82 as misdemeanor or felony.

28-1-83. Violation of §28-1-82 as misdemeanor or felony.Any person convicted of an offense under §28-1-82(1) or (2) for food stamp benefits with an EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under §28-1-82(1) or (2) for food stamp benefits with an 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 §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 §28-1-82(3) or (4) is guilty of a Class 1 misdemeanor. Source: SL 2005, ch 148, §2.
SD Codified L § 28-1-84 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-84 - EBT and food stamp EBT card defined.

28-1-84. EBT and food stamp EBT card defined.As used in §§28-1-82 to 28-1-84, inclusive, the term, food stamp EBT card, means any card issued for purchase of food pursuant to the Food Stamp Act of 1997, 7 U.S.C. §§2011 to 2029, inclusive, in effect on January1, 2005. As used in §§28-1-82 to 28-1-84, inclusive, the term, EBT, means electronic benefit transfer. Source: SL 2005, ch 148, §3.
SD Codified L § 28-5-24 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 05 - Medical Assistance For The Aged|Section 28-5-24 - Supplemental services to complement provisions of Title XVIII of the 1965 amendments to the federal Social Security Act, as amended.

28-5-24. Supplemental services to complement provisions of Title XVIII of the 1965 amendments to the federal Social Security Act, as amended.The Department of Social Services may provide medical services and medical or remedial care to or on behalf of any medically indigent person of this state who has attained the age of sixty-five years, in such manner as to complement the provisions of Title XVIII of the 1965 amendments to the federal Social Security Act, as amended to January 1, 2004, to the end that the medical needs of any such person may be adequately met. Source: SL 1966, ch 190, §1; SL 2004, ch 167, §48.
SD Codified L § 28-5A-1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 05A - Supplemental Security Income|Section 28-5A-1 - Agreements to administer supplemental security income programs--Rules for payments to qualified residents.

28-5A-1. Agreements to administer supplemental security income programs--Rules for payments to qualified residents.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.
SD Codified L § 28-5A-2 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 05A - Supplemental Security Income|Section 28-5A-2 - Reimbursement of administrative costs--Federal funds for benefit payments.

28-5A-2. Reimbursement of administrative costs--Federal funds for benefit payments.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.
SD Codified L § 28-6-1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-1 - Provision of medical services and remedial care authorized--Rules.

28-6-1. Provision of medical services and remedial care authorized--Rules.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.
SD Codified L § 28-6-1.1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-1.1 - Establishment of fee schedules--Posting of fees, changes--Applicability of chapter 1-26.

28-6-1.1. Establishment of fee schedules--Posting of fees, changes--Applicability of chapter 1-26.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.
SD Codified L § 28-6-3.1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-3.1 - Disposal of assets at less than fair market value--Effect on eligibility.

28-6-3.1. Disposal of assets at less than fair market value--Effect on eligibility.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.
SD Codified L § 28-6-4.5 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-4.5 - Public funds not to be used for abortion except to save life of mother.

28-6-4.5. Public funds not to be used for abortion except to save life of mother.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.
SD Codified L § 28-6-5 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-5 - Opportunity provided to apply for assistance--Assistance furnished promptly.

28-6-5. Opportunity provided to apply for assistance--Assistance furnished promptly.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.
SD Codified L § 28-6-6 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-6 - Fair hearing on denial or delay in assistance.

28-6-6. Fair hearing on denial or delay in assistance.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.
SD Codified L § 28-6-7.1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-7.1 - Acceptance of assistance as assignment and subrogation of support rights and insurance proceeds--Liability of insurer or attorney.

28-6-7.1. Acceptance of assistance as assignment and subrogation of support rights and insurance proceeds--Liability of insurer or attorney.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.
SD Codified L § 28-6-16 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-16 - Definition of terms.

28-6-16. Definition of terms.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.
SD Codified L § 28-6-17 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-17 - Income and resources of spouses in long-term care--Division--Notice--Hearing.

28-6-17. Income and resources of spouses in long-term care--Division--Notice--Hearing.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.
SD Codified L § 28-6-18 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-18 - Promulgation of rules regarding income and resources in long-term care.

28-6-18. Promulgation of rules regarding income and resources in long-term care.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.
SD Codified L § 28-6-20 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-20 - Effect of 28-6-16 to 28-6-22, inclusive, on other statutes.

28-6-20. Effect of 28-6-16 to 28-6-22, inclusive, on other statutes.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.
SD Codified L § 28-6-21 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-21 - Application of 28-6-17.

28-6-21. Application of 28-6-17.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.
SD Codified L § 28-6-22 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-22 - Application of 28-6-16 to 28-6-22, inclusive.

28-6-22. Application of 28-6-16 to 28-6-22, inclusive.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.
SD Codified L § 28-6-23 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-23 - Medical assistance as debt to department--Recovery of debt.

28-6-23. Medical assistance as debt to department--Recovery of debt.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.
SD Codified L § 28-6-23.1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 06 - Medical Services To The Indigent|Section 28-6-23.1 - Limiting financial responsibility of estate of surviving spouse.

28-6-23.1. Limiting financial responsibility of estate of surviving spouse.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.