reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-14 - Review of determinations of counselor or coordinator--Written final determination by division director required.

28-10-14. Review of determinations of counselor or coordinator--Written final determination by division director required.
The director shall establish procedures, pursuant to chapter 1-26, for the review of determinations made by a rehabilitation counselor or coordinator upon the request of the individual with a visual disability, or the individual's parents or guardians. The procedures shall include a requirement that the final decision concerning the review of a determination be made in writing by the division director. The division director may not delegate responsibility to make a final decision to any other employee of the division.
Source:
SL 1947, ch 248, §9; SDC Supp 1960, §55.39B09; SL 1977, ch 226, §21; SL 1981, ch 218, §2; SL 1989, ch 21, §148; SL 1994, ch 231, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-16 - Unauthorized use of records and lists as misdemeanor--Dismissal.

28-10-16. Unauthorized use of records and lists as misdemeanor--Dismissal.
It shall be a Class 1 misdemeanor and subject the violator to dismissal, except for purposes directly connected with the administration of the vocational rehabilitation program, and in accordance with regulations, for any person or persons to solicit, disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning, persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records, papers, files, or communications of the state or subdivisions or agencies thereof, or acquired in the course of the performance of official duties.
Source:
SL 1947, ch 248, §10; SDC Supp 1960, §55.39B10.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-18 - Cooperation with public and private agencies in rehabilitation studies and programs.

28-10-18. Cooperation with public and private agencies in rehabilitation studies and programs.
In carrying out the purposes of this chapter, the Division of Service to the Blind and Visually Impaired may cooperate with other departments, agencies, and institutions, both public and private, in providing for the vocational rehabilitation of persons with visual disabilities in studying the problems and in establishing, developing and providing, in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable.
Source:
SL 1947, ch 248, §4; SDC Supp 1960, §55.39B04 (1); SL 1994, ch 231, §10.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-20 - Reciprocal agreements with other states for vocational rehabilitation.

28-10-20. Reciprocal agreements with other states for vocational rehabilitation.
In carrying out the purposes of this chapter, the Division of Service to the Blind and Visually Impaired is authorized among other things to enter into reciprocal agreements with other states to provide for the vocational rehabilitation of residents of the states concerned to the extent of services rendered by the State of South Dakota.
Source:
SL 1947, ch 248, §4; SDC Supp 1960, §55.39B04 (2).
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-21 - Procedural regulations made by secretary.

28-10-21. Procedural regulations made by secretary.
The director of service to the blind and visually impaired shall recommend to the secretary of the Department of Human Services who may promulgate rules for the Division of Service to the Blind and Visually Impaired in accordance with chapter 1-26 governing:
(1)The protection of records and confidential information;
(2)Application requirements;
(3)Eligibility requirements;
(4)Income and resource requirements;
(5)Administration and operation of vocational rehabilitation and independent living programs;
(6)Grant applications and awards;
(7)Administrative reviews and fair hearings;
(8)Amount, scope, and duration of rehabilitative services and independent living services; and
(9)Fees.
Source:
SL 1947, ch 248, §3; SDC Supp 1960, §55.39B03 (1); SL 1976, ch 172, §3; SL 1977, ch 226, §23; SL 1990, ch 213, §5; SL 1992, ch 198, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 10 - Service To And Vocational Rehabilitation Of The Visually Impaired › Section 28-10-25 - Board of Service to the Blind and Visually Impaired created.

28-10-25. Board of Service to the Blind and Visually Impaired created.
There is hereby created a Board of Service to the Blind and Visually Impaired.
Source:
SL 1990, ch 213, §1; SL 1993, ch 20, §2; SL 2001, ch 155, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 11 - Social Security Disability Determinations › Section 28-11-1 - Department to enter agreement with federal government and make disability determinations.

28-11-1. Department to enter agreement with federal government and make disability determinations.
The Department of Human Services, through the Division of Rehabilitation Services, may enter into an agreement on behalf of the state with the secretary of health and human services to carry out the provisions of the federal Social Security Act, as amended or superseded as of January 1, 1978, relating to the making of determinations of disability.
Source:
SL 1955, ch 261, §1; SDC Supp 1960, §55.1111; SL 1977, ch 226, §25; SL 1978, ch 212; SL 1989, ch 21, §149.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 12 - Food Stamp Program › Section 28-12-1 - Agreement with federal government--Purpose--Promulgation of rules.

28-12-1. Agreement with federal government--Purpose--Promulgation of rules.
The Department of Social Services may enter into agreements and contracts with the federal government and its agencies and with the political subdivisions of this state for the purpose of participating in the Food Stamp Act of 1964 (P.L. 88-525) and any related acts, as amended to January 1, 2004. The secretary of social services shall promulgate rules, pursuant to chapter 1-26, as required by the federal government for the administration of the Supplemental Nutrition Assistance Program in this state. The rules must be in accordance with federal regulations implementing the Food Stamp Act of 1964, as amended to January 1, 2004.
Source: SL 1967, ch 269; SL 1981, ch 199, §54; SL 2004, ch 167, §65; SL 2023, ch 94, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 12 - Food Stamp Program › Section 28-12-2 - Agreements between political subdivisions and division authorized.

28-12-2. Agreements between political subdivisions and division authorized.
The political subdivisions of this state are hereby authorized to enter into agreements and contracts with the Department of Social Services for the purposes set forth in this chapter.
Source:
SL 1967, ch 269.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 12 - Food Stamp Program › Section 28-12-3 - Certain drug offenders exempted from federal eligibility sanctions.

28-12-3. Certain drug offenders exempted from federal eligibility sanctions.
Pursuant to section 115(d)(1)(A) of Public Law 104-193, South Dakota opts out of the provisions of section 115(a)(2) of Public Law 104-193.
Source:
SL 2009, ch 141, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 12 - Food Stamp Program › Section 28-12-4 - Child support cooperation as condition of eligibility.

28-12-4.Child support cooperation as condition of eligibility.
The Department of Social Services shall require each person to cooperate with the Division of Child Support as a condition of eligibility, pursuant to 7 C.F. R. §273.11(o).
Source:
SL 2017, ch 121, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-1 - County duty to relieve poor persons--Taxation--Determination of eligibility.

28-13-1. County duty to relieve poor persons--Taxation--Determination of eligibility.
Every county shall relieve and support all poor and indigent persons who have established residency therein, as that term is defined in §§28-13-2 to 28-13-16.2, inclusive, and who have made application to the county, whenever they shall stand in need. Each board of county commissioners may raise money by taxation for the support and employment of the poor. If a person is receiving benefits from the Department of Social Services, the board of county commissioners may determine if he is eligible for county relief.
Source:
SDC 1939, §50.0101; SL 1939, ch 200, §1; SL 1941, ch 211, §1; SL 1976, ch 173, §1; SL 1980, ch 202, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-1.1 - "Indigent or poor person" defined--Eligibility standards.

28-13-1.1."Indigent or poor person" defined--Eligibility standards.
For the purposes of this chapter, an indigent or poor person is any person who does not have sufficient money, credit, or property to be self-supporting; who has no one to look to who is legally required to provide support; or who is unable to be self-supporting through work because of illness or injury. In applying this definition, each county shall establish reasonable eligibility standards for county poor relief.
Source:
SL 1984, ch 203, §1; SL 1997, ch 170, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-1.2 - Considerations in establishing eligibility standards.

28-13-1.2. Considerations in establishing eligibility standards.
A county in establishing eligibility standards for county poor relief shall take into consideration an applicant's total economic resources including current assets and income, sources of financial support to which the applicant is legally entitled and total economic needs. In a case involving support among family members the county shall take into consideration family size, total family economic resources, and total family economic needs.
Source:
SL 1984, ch 203, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-1.3 - Medically indigent person defined.

28-13-1.3. Medically indigent person defined.
A medically indigent person is one who meets the following criteria:
(1)Requires medically necessary hospital services for which no public or private third-party coverage, such as insurance, veterans' assistance, medicaid, or medicare, is available which covers the actual cost of hospitalization;
(2)Has no ability or only limited ability, as determined under the provisions of this chapter, to pay a debt for hospitalization;
(3)Has not voluntarily reduced or eliminated ownership or control of an asset for the purpose of establishing eligibility;
(4)Is not indigent by design; and
(5)Is not a veteran or a member of a Native American tribe who is eligible or would have been eligible for services through the veterans administration or the Indian Health Service if the services had been applied for within seventy-two hours of the person's admission.
Source:
SL 1997, ch 170, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-1.4 - Appeal regarding medical indigence.

28-13-1.4. Appeal regarding medical indigence.
Notwithstanding §7-8-30, in any appeal regarding medical indigence, the circuit court may affirm or remand for further proceedings, or the court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the county's findings, inferences, conclusions, or decisions are:
(1)In violation of constitutional or statutory provisions;
(2)In excess of the statutory authority of the county;
(3)Made upon unlawful procedure;
(4)Affected by other error of law;
(5)Clearly erroneous in light of the entire evidence in the record; or
(6)Clearly unwarranted exercise of discretion.
Source:
SL 1997, ch 170, §29.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-2 - Residency acquired for poor relief purposes.

28-13-2. Residency acquired for poor relief purposes.
A person may establish a residency in any county so as to oblige such county to relieve and support him, in case he is poor and stands in need of relief, as provided by §§28-13-3 to 28-13-16.2, inclusive.
Source:
SDC 1939, §50.0102; SL 1976, ch 173, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-3 - Residency required for assistance--Establishment.

28-13-3. Residency required for assistance--Establishment.
Except as otherwise provided in this chapter, any person, in order to be entitled to assistance, shall have an established residency in the state, and in the county where the application is made. The residency shall be established by his personal presence, in a fixed and permanent abode and his intention to remain there. In determining the residency of an applicant the county commissioners may consider the establishment of a local bank account by the applicant, the applicant's driver's license address, an automobile registration, the enrollment of applicant's children in a local school, and the applicant's voter registration; however, the absence of any of the above considerations shall not be a positive determination of nonresidency.
Source:
SDC 1939, §50.0102 (4); SL 1976, ch 173, §3; SL 1980, ch 202, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-5 - Children's residency.

28-13-5. Children's residency.
For the purposes of this chapter, children shall have the same residency as their parents, the party granted their legal custody pursuant to court order or decree, or as fixed by their guardian.
Source:
SDC 1939, §50.0102 (2); SL 1976, ch 173, §6.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-8 - Residency continued until lost by new residency.

28-13-8. Residency continued until lost by new residency.
For the purposes of this chapter a person's residency, when once legally established, shall continue until it is lost by establishing residency in another state or county.
Source:
SDC 1939, §50.0102 (6); SL 1941, ch 211, §2; SL 1957, ch 263; SL 1961, ch 261; SL 1976, ch 173, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-12 - Residency not established by state acceptance of application.

28-13-12. Residency not established by state acceptance of application.
The acceptance of an applicant for any type of public assistance administered by the Department of Social Services, in a county where the applicant has not established residency in accordance with §28-13-3, shall not operate to establish a residency for the purposes of this chapter in that county.
Source:
SL 1951, ch 254, §1; SDC Supp 1960, §50.0102-1; SL 1976, ch 173, §8.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-14 - Residency not established by residence in health care facility.

28-13-14. Residency not established by residence in health care facility.
An occupant or patient of any health care facility, licensed pursuant to the provisions of chapter 34-12, who has not otherwise established residency in accordance with §28-13-3 in the county where such facility is situated, shall not establish residency in such county solely by virtue of becoming and remaining an occupant or patient of such facility.
Source:
SL 1951, ch 254, §2; SDC Supp 1960, §50.0102-1; SL 1972, ch 158, §2; SL 1976, ch 173, §9.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-16 - County commissioners to have responsibility for care and relief of poor persons.

28-13-16. County commissioners to have responsibility for care and relief of poor persons.
The county commissioners in each county are responsible for the care and relief of all poor persons in the county as provided by this chapter as long as those persons remain eligible. The commissioners may designate a county official to assist in the coordination of poor relief information with other counties.
Source:
SDC 1939, §50.0201; SL 1980, ch 202, §3; SL 1986, ch 234; SL 1997, ch 170, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-16.1 - Waiting period imposed at board's discretion while residency investigated.

28-13-16.1. Waiting period imposed at board's discretion while residency investigated.
The board of county commissioners may, except for their obligations under §§28-13-37 and 28-13-38, impose upon applicants for assistance such a reasonable waiting period as they may determine to be necessary in order to adequately investigate and consider all factors relevant to determining whether an applicant has established residency in good faith in the state, and in the county where the application is made.
Source:
SL 1976, ch 173, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-16.2 - Intentional fraud or deceit to receive assistance.

28-13-16.2. Intentional fraud or deceit to receive assistance.
Any applicant for assistance who knowingly makes any false statement, with intent to defraud, as to his financial status or other required information, or in any way intentionally deceives any county commissioner, or any welfare worker employed pursuant to §28-13-22, in order to receive assistance, shall be guilty of a Class 1 misdemeanor.
Source:
SL 1976, ch 173, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-17 - Proceedings by and against commissioners in name of county.

28-13-17. Proceedings by and against commissioners in name of county.
In all actions or proceedings in favor of or against any such commissioners, pertaining to or connected with the poor of their respective counties, the same shall be conducted in favor of or against such county in its corporate name.
Source:
SDC 1939, §50.0206.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-18 - Record of poor relief payments available in investigation of residency.

28-13-18. Record of poor relief payments available in investigation of residency.
For the purpose of aiding the investigation of an applicant's residency conducted pursuant to §28-13-3, each county auditor shall make the information recorded pursuant to §28-14-7 available upon request to any county commissioner, county auditor, or welfare worker employed pursuant to §28-13-22.
Source:
SL 1976, ch 173, §10.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-19 - Establishment of special emergency county welfare account--Purpose--Deposit and withdrawal of fund--Source of fund.

28-13-19. Establishment of special emergency county welfare account--Purpose--Deposit and withdrawal of fund--Source of fund.
The board of county commissioners may establish a special emergency county welfare account upon which the county welfare departments may make immediate, direct cash withdrawals up to one hundred dollars a month to meet special emergency requirements of said county welfare departments.
The special account shall be deposited with a local bank and subject to withdrawals upon the signatures of county officials designated and authorized to do the same by the board of county commissioners. The board shall from time to time appropriate money from the general fund to this special account.
Source:
SL 1966, ch 32; SL 1985, ch 77, §16.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-20 - Services required of applicant--Contract for repayment of assistance.

28-13-20. Services required of applicant--Contract for repayment of assistance.
Whenever financial assistance is requested under the provisions of this chapter, the board of county commissioners may require the applicant to perform labor or other services of a public nature commensurate with the amount of aid desired or granted. In addition, the board may require the recipient of assistance to enter into a contract for the repayment of all or part of the assistance he receives.
Source:
SDC 1939, §50.0202; SL 1976, ch 173, §11; SL 1982, ch 213, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-20.1 - Regular county employees not replaced by poor relief applicants--Maximum hours of work.

28-13-20.1. Regular county employees not replaced by poor relief applicants--Maximum hours of work.
No person required to perform labor or other services under §28-13-20 shall be used to replace any regular employee of the county. No such person shall be required to work more than eight hours in a day nor more than forty hours in a week.
Source:
SL 1976, ch 173, §12.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-20.2 - Refusal to work without just cause--Eligibility for assistance terminated.

28-13-20.2. Refusal to work without just cause--Eligibility for assistance terminated.
Any person who without just cause refuses to report for work to which he has been assigned by the board of county commissioners, or by a welfare worker employed pursuant to §28-13-22, shall thereupon become ineligible for further assistance under this chapter until such work is commenced.
Source:
SL 1976, ch 173, §13.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-21 - County funds expended on federal work relief projects--Agreements with federal agencies--Construction of public buildings not authorized.

28-13-21. County funds expended on federal work relief projects--Agreements with federal agencies--Construction of public buildings not authorized.
Every county may expend moneys raised by taxation for the support and employment of the poor for the purpose of sponsoring federal work projects now, or hereafter, established by work relief agencies of the United States, whether now existing or hereafter established by the United States, for the purpose of providing support and employment for poor and indigent persons and may enter into agreements therefor with such federal agencies. The provisions of this section shall not authorize the construction of public buildings or additions thereto in conjunction with federal agencies.
Source:
SDC 1939, §50.0101 as added by SL 1939, ch 200, §1; SL 1939, ch 200, §2; SL 1941, ch 211, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-22 - Employment of welfare workers to distribute funds and supplies to poor.

28-13-22. Employment of welfare workers to distribute funds and supplies to poor.
Whenever the board of county commissioners, in any county having within its borders a municipal corporation of the first class, deems it necessary and advisable for the best interests of the county, for the protection of health or the promotion of morals and order within the county, to employ one or more persons to act as welfare workers in the distribution of funds or supplies to needy poor within the county, derived from any source, such board of county commissioners shall be empowered to employ such welfare workers.
Source:
SDC 1939, §12.1602.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-23 - Annual allowances to competent poor persons.

28-13-23. Annual allowances to competent poor persons.
The board of county commissioners may in its discretion allow and pay to poor persons who may become county charges and who are of mature years and sound mind, and who from their general character will probably be benefited thereby, and also to the parents of children with intellectual disabilities and children otherwise helpless and requiring the attention of their parents, and who are unable to provide for such children themselves, such annual allowance as will not exceed the charge of their maintenance in the ordinary mode, such board taking the usual amount of charges in like cases as the rule for making such allowance.
Source:
SDC 1939, §50.0205; SL 2013, ch 125, §15.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-26 - Employment of physician to attend poor persons in county--Annual salary--Monthly report by physician.

28-13-26. Employment of physician to attend poor persons in county--Annual salary--Monthly report by physician.
Each board of county commissioners may annually employ a duly qualified physician and surgeon registered and licensed in the healing arts, as the term "healing arts" is defined by chapter 36-2, as county physician, whose duty it shall be to attend and render his services as physician and surgeon to poor persons of the county. The board of county commissioners shall fix the annual salary to be paid and which shall be paid monthly with warrants of the county auditor upon proper verified vouchers approved by the county commissioners. It shall be the duty of such physician and surgeon to file with the county auditor not later than the first day of each month a report disclosing the patients treated by him, the value and kind of services rendered and the name and address of the person so treated within the previous thirty days.
Source:
SL 1953, ch 31; SDC Supp 1960, §50.0204-1; SL 1976, ch 173, §14.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-27.1 - Medically necessary hospital services.

28-13-27.1. Medically necessary hospital services.
Medically necessary hospital services are services provided in a hospital which meet the following criteria:
(1)Are consistent with the person's symptoms, diagnosis, condition, or injury;
(2)Are recognized as the prevailing standard and are consistent with generally accepted professional medical standards of the provider's peer group;
(3)Are provided in response to a life-threatening condition; to treat pain, injury, illness, or infection; to treat a condition which would result in physical or mental disability; or to achieve a level of physical or mental function consistent with prevailing standards for the diagnosis or condition;
(4)Are not furnished primarily for the convenience of the person or the provider; and
(5)There is no other equally effective course of treatment available or suitable for the person needing the services which is more conservative or substantially less costly.
A county shall rely on the attending physician's determination as to medical necessity of hospital services unless evidence exists to the contrary.
Source:
SL 1997, ch 170, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-27.2 - Cost guidelines for medical and remedial services.

28-13-27.2. Cost guidelines for medical and remedial services.
Except for the costs of emergency hospital services, a county may adopt guidelines which define the amount, scope, and duration of medical and remedial services available to eligible persons and the basis for and extent of payments made to providers by counties on behalf of eligible persons.
Source:
SL 1997, ch 170, §6.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-28 - Statement of costs required of hospital caring for indigent persons--Frequency of statements.

28-13-28. Statement of costs required of hospital caring for indigent persons--Frequency of statements.
A hospital may avail itself of the provisions of this chapter for purposes of determining payment for hospitalization of a medically indigent person only if the hospital has filed a detailed statement of costs with the secretary of social services in the form prescribed by the secretary. The statement of costs shall compute and set forth the ratios of costs to charges for the hospital's fiscal year covered by the statement of costs. The statement of costs shall be filed with the secretary at least annually, unless such period is extended or otherwise provided by the secretary, but a hospital may file a detailed statement of costs or amendments to such a statement once every six months.
Source:
SL 1953, ch 131, §2; SDC Supp 1960, §27.12B02; SL 1976, ch 173, §15; SL 1991, ch 227, §2; SL 1997, ch 170, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-29 - Cost governed by statement or amendment--Claim against county not to exceed usual hospital rates.

28-13-29. Cost governed by statement or amendment--Claim against county not to exceed usual hospital rates.
The amount of reimbursement for hospital services is the amount calculated pursuant to §28-13-32.9. It may not exceed the actual cost of hospitalization as defined in subdivision 28-13-27(1) or an amount established by the secretary of the Department of Social Services, whichever is less. The amount established by the secretary shall be based on medicaid payment methodology. A hospital may not maintain a claim against a county for any amount which exceeds the usual ordinary and reasonable charge for any hospital service, even if the charge is less than the hospital's actual cost of hospitalization. If the hospital furnishes hospital services to medically indigent persons residing in the county in which the hospital is located at rates less than the rates provided for in this section, the hospital shall furnish such hospital services to all medically indigent persons at the same rates.
Source:
SL 1953, ch 131, §2; SDC Supp 1960, §27.12B02; SL 1991, ch 227, §3; SL 1997, ch 170, §8.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-30 - Approval of statement by secretary--Modification of items in statement.

28-13-30. Approval of statement by secretary--Modification of items in statement.
The secretary of social services shall make such investigation as necessary, and shall approve the statement of costs only if the statement is accurate, complete, and reliable as could reasonably be expected, and that it discloses, as nearly as may be reasonably determined, the ratios of costs to charges for the hospital's fiscal year covered by the statement of costs. In granting approval, the secretary may modify any items in the statement which require such modification and shall provide written notice of any such modification to the respective hospital.
Source:
SL 1953, ch 131, §2; SDC Supp 1960, §27.12B02; SL 1976, ch 173, §16; SL 1991, ch 227, §4; SL 1997, ch 170, §23.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-31 - Continuation of statement in effect until withdrawn or amended--Effective date of amendments--Statements available for inspection.

28-13-31. Continuation of statement in effect until withdrawn or amended--Effective date of amendments--Statements available for inspection.
No statement of costs, or amendment thereto, may take effect until approved by the secretary of social services and the expiration of thirty days from the filing thereof, and thereafter, for purposes of this chapter, shall remain in full force and effect until the next statement of costs, or amendment thereto, filed by the hospital pursuant to §28-13-28 is approved by the secretary. Any such statement of costs, or amendments thereto, shall be a public record and be available for inspection at any time in behalf of any board of county commissioners.
Source:
SL 1953, ch 131, §2; SDC Supp 1960, §27.12B02; SL 1976, ch 173, §17; SL 1991, ch 227, §5; SL 1997, ch 170, §24.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32 - County commissioners' objections to statements.

28-13-32. County commissioners' objections to statements.
Any board of county commissioners may at any time file, with the secretary of social services and the hospital concerned, objections in writing to any such statement of costs, any items therein, or amended thereto, which objections shall be passed upon by the secretary.
Source:
SL 1953, ch 131, §2; SDC Supp 1960, §27.12B02; SL 1976, ch 173, §18; SL 1991, ch 227, §6; SL 1997, ch 170, §25.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.3 - Medical indigency required for poor relief assistance in the event of hospitalization--Application required--Time--Limitation.

28-13-32.3. Medical indigency required for poor relief assistance in the event of hospitalization--Application required--Time--Limitation.
To receive assistance under this chapter for the costs of hospitalization, a person must be medically indigent as defined in §28-13-1.3. The person or someone acting on behalf of the person shall apply to the person's county of residence for assistance within two years of the date of the hospital's discharge of the person.
Source:
SL 1988, ch 226, §3; SL 1997, ch 170, §9; SL 2002, ch 137, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.4 - Submission of application by hospital within one year of discharge--Contents--Additional information not to be required.

28-13-32.4. Submission of application by hospital within one year of discharge--Contents--Additional information not to be required.
An application made by a hospital on behalf of a medically indigent person pursuant to §28-13-32.3 shall be submitted to the county auditor within one year of the discharge of the indigent. The application shall include:
(1)The notice of hospitalization as provided in §28-13-34.1;
(2)The dates of hospitalization;
(3)The final diagnosis;
(4)The cost of hospital services; and
(5)Any financial information in the possession of the hospital concerning the patient or the responsible party, including the availability of insurance coverage.
The county may not require the hospital to provide more information concerning such a medically indigent person than is contained in the application provided for in this section and the release of information provided for in §28-13-34.2.
Source:
SL 1988, ch 226, §4; SL 1997, ch 170, §10.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.5 - Determining medical indigence--Annual income guideline.

28-13-32.5. Determining medical indigence--Annual income guideline.
For purposes of determining medical indigence, the county shall establish an annual income guideline for the person which is derived as follows:
(1)Using the housing index established in §28-13-32.6, determine the housing index for the person's county of residence. Multiply the county index by three hundred six dollars, the median gross rent of residences in South Dakota in 1996;
(2)Using the federal poverty guidelines adopted in rules promulgated by the Department of Social Services pursuant to chapter 1-26, determine the federal poverty level for the household size and multiply that figure by one hundred seventy-five percent; and
(3)Add the results of subdivisions (1) and (2) of this section and multiply by twelve.
Source:
SL 1997, ch 170, §12; SL 1998, ch 165, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.6 - Housing indexes by county.

28-13-32.6. Housing indexes by county.
The housing index for each county is as follows:
COUNTY
HOUSING INDEX
Aurora
0.65
Beadle
0.91
Bennett
0.86
Bon Homme
0.71
Brookings
0.96
Brown
0.95
Brule
0.80
Buffalo
0.77
Butte
0.91
Campbell
0.74
Charles Mix
0.65
Clark
0.72
Clay
0.95
Codington
0.92
Corson
0.47
Custer
1.03
Davison
0.90
Day
0.78
Deuel
0.79
Dewey
0.89
Douglas
0.69
Edmunds
0.71
Fall River
0.89
Faulk
0.66
Grant
0.81
Gregory
0.68
Haakon
0.80
Hamlin
0.70
Hand
0.70
Hanson
0.96
Harding
0.70
Hughes
1.03
Hutchinson
0.72
Hyde
0.75
Jackson
0.84
Jerauld
0.61
Jones
0.76
Kingsbury
0.67
Lake
0.78
Lawrence
1.00
Lincoln
0.93
Lyman
0.77
Marshall
0.72
McCook
0.73
McPherson
0.58
Meade
1.03
Mellette
0.74
Miner
0.65
Minnehaha
1.23
Moody
0.79
Oglala Lakota
0.81
Pennington
1.26
Perkins
0.65
Potter
0.86
Roberts
0.70
Sanborn
0.67
Spink
0.82
Stanley
1.06
Sully
0.82
Todd
0.79
Tripp
0.83
Turner
0.78
Union
0.87
Walworth
0.97
Yankton
0.93
Ziebach
0.82
Source:
SL 1997, ch 170, §13; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.7 - Determining household income--Sources.

28-13-32.7. Determining household income--Sources.
For the purpose of determining a household's income, the county shall consider all sources of income, including the following:
(1)Compensation paid to household members for personal services, whether designated as gross salary, wages, commissions, bonus, or otherwise;
(2)Net income from self-employment, including profit or loss from a business, farm, or profession;
(3)Income from seasonal employment;
(4)Periodic payments from pensions or retirement programs, including social security, veterans' benefits, disability payments, and insurance contracts;
(5)Income from annuities or trusts, except for a trust held by a third party for the benefit of the minor children of the household;
(6)Interest, dividends, rents, royalties, or other gain derived from investments or capital assets;
(7)Gain or loss from the sale, trade, or conversion of capital assets;
(8)Reemployment assistance or unemployment insurance benefits and strike benefits;
(9)Workers' compensation benefits and settlements;
(10)Alimony and child support payments received; and
(11)School grants and stipends which are used for food, clothing, and housing but not for books and tuition.
A federal income tax return is the preferred source for determining earnings. If a federal income tax return is not representative of current earnings, the county may also require pay stubs which include gross and net earnings.
Source:
SL 1997, ch 170, §14; SL 2019, ch 216, §34.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.8 - Household resources.

28-13-32.8. Household resources.
For the purpose of determining a household's resources, the county shall consider all resources, including:
(1)Equity value of the household's primary residence, excluding the homestead exemption provided for in subdivision 43-45-3(2);
(2)Equity value of other real property;
(3)Equity value of major recreational and other leisure equipment including watercraft, campers, recreational vehicles, all-terrain vehicles, and snowmobiles;
(4)Equity value, in excess of five thousand dollars, of all motor vehicles;
(5)Personal assets, including cash in excess of one-half month's income, stocks, securities, accounts and notes due the person or the person's household, cash values of life insurance policies, collectible judicial judgments in favor of the person or the person's household, and monetary gifts;
(6)Equity value of business property, including real estate, equipment, and inventory; and
(7)Equity value of household goods and personal property beyond that which is reasonably essential for everyday living and self-support.
Equity value is determined by subtracting an asset's outstanding indebtedness from its fair market value.
The county shall subtract five thousand dollars from the total of the household's countable resources to determine the household's adjusted resources.
Source:
SL 1997, ch 170, §15.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.9 - Determination of person's ability to pay--Factors.

28-13-32.9. Determination of person's ability to pay--Factors.
A county is financially responsible only for the hospitalization expense which is beyond the person's ability to pay. A person's ability to pay is determined according to the following:
(1)Determine the household's contributions for taxes, social security, medicare, and payments to other standard retirement programs. A household's contribution for taxes is limited to the amount of taxes payable for the actual number of dependents in the household;
(2)Determine the household's expenses, including actual rent paid or scheduled principal and interest payments for a personal residence plus property taxes and homeowner's insurance costs; all utilities; child care expenses related to work schedules; grocery expenses up to the maximum allowed under the Food Stamp Program's Thrifty Food Plan as specified in rules promulgated by the Department of Social Services pursuant to chapter 1-26, plus household supplies and toiletries; basic auto expenses, gasoline, and upkeep; employee-paid health, life, and auto insurance payments; installment payments for medical bills; recurring expenses for medicine and medical care; court-ordered child support and alimony paid; automobile installment payments for one vehicle; clothing, reasonable in relation to the household's income; and installment payments, limited to necessary household items required by the household to maintain the needs of everyday living and reasonable in relation to the household's income;
(3)Determine the amount of a household's discretionary income by subtracting the sum of the household's contributions and expenses from the household's income determined according to §28-13-32.7. Divide the amount of the household's discretionary income in half and multiply the resulting amount by forty-four dollars and ninety-six cents. The result added to the household's adjusted resources determined according to §28-13-32.8 equals the household's ability to pay the debt and constitutes the household's share of the hospital bill. The amount of forty-four dollars and ninety-six cents represents the amount of medical or hospital expenses which can be amortized over sixty months at twelve percent annual interest per dollar of payment.
The amount of the county's obligation is determined by subtracting the amount of the household's ability to pay from the hospital charges computed according to §28-13-29. If the household defaults on the payment of its share of the hospital bill, a hospital may not pursue a collection action against the county for the defaulted payment.
Source:
SL 1997, ch 170, §16; SL 1998, ch 165, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.10 - Indigency by design.

28-13-32.10. Indigency by design.
If an individual is indigent by design, the individual is ineligible for medical assistance under the provisions of this chapter and there may be no other criteria used to determine eligibility.
Source:
SL 1997, ch 170, §22.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-32.11 - Determination of household's ability to purchase health insurance.

28-13-32.11. Determination of household's ability to purchase health insurance.
For purposes of subsections 28-13-27(6)(c) and (d), when determining whether the household was financially able to purchase health insurance which would have covered the medical costs the county is being requested to pay, the county shall use the following methodology:
(1)Determine the household's income and resources according to §§ 28-13-32.7 and 28-13-32.8;
(2)Determine the household's contributions for taxes, social security, medicare, and payments to other standard retirement programs according to subdivision 28-13-32.9(1);
(3)Except for the medical expenses for which the household is requesting assistance, determine the household's expenses according to subdivision 28-13-32.9(2);
(4)Determine the amount of the household's discretionary income by subtracting the sum of the household's contributions and expenses from the household's income. Divide the amount of the household's discretionary income in half. The result added to the household's adjusted resources determined according to §28-13-32.8 equals the household's discretionary income that was available to purchase health insurance;
(5)Subtract the amount of the monthly health insurance premium that was available to the household if known or, if unknown, an estimate of the premium the household could be expected to incur. For purposes of this subdivision, the county shall establish such estimate either by obtaining premium estimates from two major medical insurance carriers doing business in the state or by using an estimate based on the rate data provided to the county by the Division of Insurance of the Department of Labor and Regulation. The policy used shall have a benefit design that equals or exceeds the benefit design of the basic benefit plan as developed by the Health Benefit Plan Committee pursuant to §58-18B-32. If the result is a negative number, the health insurance was not affordable. If the result is a positive number, health insurance was affordable and the individual is considered to be indigent by design.
Source:
SL 2000, ch 134, §2; SL 2004, ch 17, §36; SL 2011, ch 1 (Ex. Ord. 11-1), §162, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-33 - County liability for emergency and nonemergency hospitalization of indigent persons--Remedies for recovery of expense by county.

28-13-33. County liability for emergency and nonemergency hospitalization of indigent persons--Remedies for recovery of expense by county.
Subject to the provisions of this chapter and except as expressly provided, if a hospital furnishes emergency hospital services to a medically indigent person, the county where the medically indigent person has established residency is liable to the hospital for the reimbursement of the hospitalization. In the case of nonemergency care, the county of residence is liable only to the extent that the board of county commissioners, in good faith, approves an application for assistance. If a county provides payment for nonemergency services, the services shall be approved by the county before the services are provided. To the extent that the county provides payment to a hospital, the county has the same remedies for the recovery of the expense as are provided by chapter 28-14 for the recovery of money expended for the relief and support of poor and indigent persons.
Source:
SL 1953, ch 131, §3; SDC Supp 1960, §27.12B03; SL 1976, ch 173, §19; SL 1988, ch 226, §2; SL 1997, ch 170, §11.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 13 - County Poor Relief › Section 28-13-33.1 - Experimental procedures and treatment for medically indigent patient.

28-13-33.1. Experimental procedures and treatment for medically indigent patient.
No county is liable for the payment of any experimental procedures or experimental modes of treatment provided on behalf of a medically indigent person.
Source:
SL 1997, ch 170, §28.