reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-68 - Confidentiality of enforcement services applications and records.

28-1-68. Confidentiality of enforcement services applications and records.
All applications and records concerning any applicant for child and spousal support enforcement services are confidential except:
(1)For inspection by persons authorized by this state or the United States in connection with their official duties;
(2)For the purpose of fair hearings provided by law.
Source:
SL 1977, ch 222; SL 1982, ch 208, §2; SDCL 28-7-17.5; SL 1997, ch 166, §23.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-69 - Information on amount owed sent to consumer reporting agencies--Consumer reporting agency defined--Notice to obligor.

28-1-69. Information on amount owed sent to consumer reporting agencies--Consumer reporting agency defined--Notice to obligor.
The department shall furnish information regarding the amount of overdue support owed by an obligor to any consumer reporting agency, as defined by this section, upon the request of the agency, or as determined by the secretary. The term, consumer reporting agency, means any person who, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and who uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The department shall send the notice to the obligor regarding the proposed release of information and the procedures available to contest the accuracy of the information. The consumer reporting agency has no obligation to accept or use the information provided to it under this section.
Source:
SL 1986, ch 218, §56; SL 1991, ch 226; SDCL 28-7-25; SL 1997, ch 166, §§23, 54.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-78 - Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators.

28-1-78. Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators.
The department shall have a program of recoveries and fraud investigations to collect debts owed the department and to investigate allegations of fraud in all department assistance programs. Any fraud investigator for this program may:
(1)Initiate and conduct any investigation if the program has cause to believe that a fraudulent act has been committed by a recipient of assistance from department programs;
(2)Review any report or complaint of an alleged fraudulent act to determine whether such report requires further investigation and conduct such investigation;
(3)Obtain access to any record related to residence, household composition, employment, finances and resources, and medical records as authorized by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), PL 104-199, as amended through January1, 2005, to assist in investigation of an alleged fraudulent act and may require by administrative subpoena the production of any book, record, or other information; and
(4)Cooperate with federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of any fraudulent act where public assistance has been granted or applied for under the welfare laws of this state.
Source:
SL 2005, ch 146, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-79 - Collection action to recover debts owed department.

28-1-79. Collection action to recover debts owed department.
The program may take any collection action provided for in state and federal law and regulation to recover debts owed the department.
Source:
SL 2005, ch 146, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-80 - Confidentiality of investigative records and files of program.

28-1-80. Confidentiality of investigative records and files of program.
All investigative records and files of the program established pursuant to §§28-1-78 to 28-1-81, inclusive, are confidential. No investigative record may be released except to department personnel, federal, state, and local law enforcement, prosecuting attorneys, and the attorney general in the investigation and prosecution of fraudulent acts. No investigative record or file may be released to any other person except pursuant to a court order. All collection files are confidential. No collection file may be released except in accordance with recipient confidentiality requirements of the department.
Source:
SL 2005, ch 146, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-81 - Report to Governor and Legislature concerning program activities.

28-1-81. Report to Governor and Legislature concerning program activities.
The secretary of the Department of Social Services shall annually report to the Governor and the Legislature concerning the activities of the program including the number and type of cases investigated, the outcome of such investigations, and costs and expenditures incurred during such investigations.
Source:
SL 2005, ch 146, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-82 - Unauthorized supplemental nutrition assistance program benefits.

28-1-82. Unauthorized supplemental nutrition assistance program benefits.
A person is guilty of unauthorized acquisition or transfer of Supplemental Nutrition Assistance Program benefits if the person knowingly:
(1)Acquires, purchases, possesses, or uses any Supplemental Nutrition Assistance Program EBT card to obtain Supplemental Nutrition Assistance Program benefits that the person is not entitled to;
(2)Transfers, sells, trades, gives, or otherwise disposes of any Supplemental Nutrition Assistance Program 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 Supplemental Nutrition Assistance Program 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 Supplemental Nutrition Assistance Program EBT card to another person not entitled to receive it in exchange for anything of value.
Source: SL 2005, ch 148, §1; SL 2023, ch 94, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-83 - Unauthorized supplemental nutrition assistance program benefits--Penalty.

28-1-83. Unauthorized supplemental nutrition assistance program benefits--Penalty.
Any person convicted of an offense under subdivision28-1-82(1) or (2) with a Supplemental Nutrition Assistance Program EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under subdivision28-1-82(1) or (2) with a Supplemental Nutrition Assistance Program 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 subdivisions28-1-82(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 subdivision28-1-82(3) or (4) is guilty of a Class 1 misdemeanor.
Source: SL 2005, ch 148, §2; SL 2023, ch 94, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 01 - State Department Of Social Services › Section 28-1-84 - Unauthorized supplemental nutrition assistance program benefits--Definition.

28-1-84. Unauthorized supplemental nutrition assistance program benefits--Definition.
As used in §§28-1-82 to 28-1-84, inclusive, the term, Supplemental Nutrition Assistance Program EBT card, means any electronic benefit transfer card issued for the purchase of food pursuant to the Food Stamp Act of 1997, 7 U.S.C. §§2011 to 2029, inclusive, in effect on January1, 2005.
Source: SL 2005, ch 148, §3; SL 2023, ch 94, §4.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-1.2 - Reimbursement schedule for certain services--Medicaid program.

28-6-1.2. Reimbursement schedule for certain services--Medicaid program.
The Department of Social Services shall establish, maintain, and publish a reimbursement schedule for chiropractic, dental, and optometric services delivered under the Medicaid program. The schedule shall provide a reimbursement amount for each service.
The department shall determine reimbursement amounts, for each service, based on a percentage of current normal and customary fees in this state.
The department may seek the assistance of third parties to determine current normal and customary fees.
The department shall promulgate rules, pursuant to chapter 1-26, to establish and annually adjust the reimbursement schedule.
Source: SL 2022, ch 87, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-24 - Medical assistance lien against real property.

28-6-24. Medical assistance lien against real property.
Any payment of medical assistance by or through the Department of Social Services to an individual who is an inpatient in a nursing facility, an intermediate care facility for individuals with intellectual disabilities, or other medical institution is a debt and creates a medical assistance lien against any real property in which the individual has any ownership interest. The secretary of social services shall adopt reasonable and necessary rules, pursuant to chapter 1-26, to define such individuals, establish the amount of the lien, establish limitations on the lien as required by federal law or regulations, and provide any other rules as may be required to obtain federal financial participation in the medical assistance program. The lien so created shall be perfected against real estate as provided in §28-6-25.
Source:
SL 1994, ch 229, §2; SL 2013, ch 125, §13.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-25 - Filing medical assistance real estate lien.

28-6-25. Filing medical assistance real estate lien.
The Department of Social Services shall file a medical assistance real estate lien with the register of deeds in any county where the individual has an ownership interest in real property. The lien statement filed shall contain, at a minimum, the following information:
(1)The name and last known address of all owners of the real property;
(2)The legal description of the real estate to which the lien is to attach;
(3)The circumstances out of which the lien is claimed to have arisen and the circumstances, if any, under which future accumulations may arise;
(4)The amount claimed as a lien and the probable amounts by which it may increase, if known.
The register of deeds shall, without charge to the department, record the medical assistance real estate lien in the real estate records, at which time the lien will attach to the real property interest of the recipient described in subdivision (2) of this section. The lien shall remain in effect for a period of twenty years from the time of recording in the county where the land is located as provided in this section, unless released or foreclosed as provided by law.
If the individual is discharged or released from a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution, other than by death or transfer to another or similar institution, the Department of Social Services shall immediately, upon notice of the discharge or release, file with the register of deeds a satisfaction of the lien which shall be recorded by the register of deeds in the real estate records without charge.
Source:
SL 1994, ch 229, §3; SL 2013, ch 125, §14.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-26 - Exemption to medical assistance lien.

28-6-26. Exemption to medical assistance lien.
Real estate deemed available to a community spouse pursuant to §§28-6-17 to 28-6-22, inclusive, is not subject to the medical assistance lien.
Source:
SL 1994, ch 229, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-27 - Priority of medical assistance lien.

28-6-27. Priority of medical assistance lien.
The priority of the medical assistance real estate lien shall be established as of the time of recording by the register of deeds.
Source:
SL 1994, ch 229, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-28 - Definition of terms.

28-6-28. Definition of terms.
Terms used in §§28-6-28 to 28-6-36, inclusive, mean:
(1)"Department," the Department of Social Services;
(2)"Fiscal period," up to a twelve-month period determined by the department;
(3)"Funding pool," pool of funds established in accordance with §28-6-29;
(4)"Health care trust fund," the fund established as provided in S.D. Const., Art. XII, §5 to hold the federal portion of the monetary difference between the medicaid payment and the medicare upper limits maximum allowable reimbursement, less transaction fees paid to publicly owned and operated nursing facilities;
(5)"Medical assistance," the medicaid program authorized by Title XIX of the Social Security Act, 42 U.S.C. 1396d, as amended through January 1, 2004, which provides medical assistance to eligible individuals and is operated under §28-6-1;
(6)"Medicare," the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965 and as amended through January 1, 2004;
(7)"Nursing facility," any facility participating in medicaid that is licensed, maintained, and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician twenty-four hours a day;
(8)"Political subdivision," any municipality or county;
(9)"Publicly owned and operated nursing facility," a nursing facility that is owned and operated by a political subdivision of the state and is participating in medicaid.
Source:
SL 2000, ch 132, §1; SL 2001, ch 152, §2; SL 2004, ch 167, §56.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-29 - Funding pool established.

28-6-29. Funding pool established.
The department shall establish a funding pool consisting of an amount annually calculated by multiplying the total of all medical assistance resident days of all publicly owned and operated nursing facilities during the fiscal period during which a resident was eligible for and received benefits under chapter 28-6 times an amount that does not exceed the amount that can reasonably be estimated to be paid under payment principles established under medicare, reduced by the medical assistance payment rates set for each such resident, for each such day, during the fiscal period.
Source:
SL 2000, ch 132, §2; SL 2003, ch 155, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-30 - Payments from funding pool to publicly owned and operated nursing facilities.

28-6-30. Payments from funding pool to publicly owned and operated nursing facilities.
In addition to any payment made pursuant to a rate set under §§28-6-28 to 28-6-36, inclusive, and notwithstanding any other provision of §§28-6-28 to 28-6-36, inclusive, the department shall pay to each publicly owned and operated nursing facility participating under the provisions of §§28-6-28 to 28-6-36, inclusive, an amount determined by:
(1)Dividing that facility's total medical assistance resident days for the fiscal period by the total medical assistance resident days of all publicly owned and operated nursing facilities participating under the provisions of §§28-6-28 to 28-6-36, inclusive, for the fiscal period; and
(2)Multiplying a decimal fraction determined under subdivision (1), times the funding pool amount determined under §28-6-29.
Source:
SL 2000, ch 132, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-31 - Payments to be remitted to department for credit to health care trust fund.

28-6-31. Payments to be remitted to department for credit to health care trust fund.
Each publicly owned and operated nursing facility participating under the provisions of §§28-6-28 to 28-6-36, inclusive, immediately upon receiving a payment under §28-6-30, shall remit the amount of that payment, less a transaction fee, to the department for credit to:
(1)The health care trust fund as provided in S.D. Const., Art. XII, §5 in an amount equal to the applicable federal medical assistance percentage times the total remittance to the department, less the transaction fee; and
(2)The department's other funds for all remaining amounts.
Source:
SL 2000, ch 132, §4; SL 2001, ch 152, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-32 - Publicly owned and operated nursing facility may receive and shall remit payments under §§ 28-6-30 and 28-6-31--Exception.

28-6-32. Publicly owned and operated nursing facility may receive and shall remit payments under §§28-6-30 and 28-6-31--Exception.
Notwithstanding any other provision of law governing the operation of a publicly owned and operated nursing facility, a publicly owned and operated nursing facility participating under the provisions of §§28-6-28 to 28-6-36, inclusive, may receive and immediately upon receipt shall remit payments provided under §§28-6-30 and 28-6-31. No payment is required under this section for any period in which the use of funds for the purposes of §§28-6-28 to 28-6-36, inclusive, are prohibited due to action by the secretary of the United States Department of Health and Human Services.
Source:
SL 2000, ch 132, §5.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-33 - Code provisions governing investment in health care trust fund.

28-6-33.Code provisions governing investment in health care trust fund.
The investment of moneys in the health care trust fund as provided in S. D. Const. Art., XII, §5 is not restricted by the provisions of §4-5-26, but is governed by the provisions of §4-5-27.
Source:
SL 2000, ch 132, §6; SL 2001, ch 152, §4.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-34 - Funds appropriated under §28-6-1 may be used for payments under §28-6-30.

28-6-34. Funds appropriated under §28-6-1 may be used for payments under §28-6-30.
Funds appropriated to the department for purposes authorized under §28-6-1 may be used for the purposes of making payments pursuant to §28-6-30 each fiscal year.
Source:
SL 2000, ch 132, §7.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-35 - Promulgation of rules regarding health care trust fund and funding pool.

28-6-35. Promulgation of rules regarding health care trust fund and funding pool.
The department may promulgate rules pursuant to chapter 1-26 for the administration of §§28-6-28 to 28-6-36, inclusive. The rules may include criteria for establishing, funding, and administering the pool, criteria for participation in the intergovernmental transfer, penalties for failing to immediately remit the funds to the department, criteria for the transfer of funds, the establishment of transaction fees, and other policies to facilitate the administration of the health care trust fund or the funding pool.
Source:
SL 2000, ch 132, §8; SL 2001, ch 152, §3.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-36 - No entitlement to funds.

28-6-36. No entitlement to funds.
Sections 28-6-28 to 28-6-36, inclusive, do not create an entitlement to any funds. The department may disburse funds to the extent funds are available and, within its discretion, to the extent such appropriations are approved.
Source:
SL 2000, ch 132, §9.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-37 - Eligibility for nursing and rehabilitative services--Countable assets reduced by long-term care partnership program policy benefits.

28-6-37. Eligibility for nursing and rehabilitative services--Countable assets reduced by long-term care partnership program policy benefits.
When determining eligibility for nursing and rehabilitative services, if the individual is a beneficiary of an approved long-term care partnership program policy, the total countable assets of the individual shall be reduced by one dollar for each one dollar of benefits paid out under the individual's approved long-term care partnership program policy. The Department of Social Services is authorized to seek any federal waivers to implement this policy.
Source:
SL 2006, ch 149, §1; SL 2008, ch 142, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06 - Medical Services To The Indigent › Section 28-6-38 - South Dakota long-term care partnership program established.

28-6-38. South Dakota long-term care partnership program established.
The Department of Social Services shall establish the South Dakota long-term care partnership program. The program shall include the following components:
(1)Incentives for an individual to obtain insurance to cover the costs of long-term care;
(2)Standards for long-term care insurance policies for designation as approved long-term care partnership program policies. The Division of Insurance shall assist in ensuring that these standards are appropriate. Any insurer offering any long-term care partnership program policy shall file the policy and any advertisements with the Division of Insurance in accordance with the applicable requirements of Title 58 and subject to the standards set by the Department of Social Services;
(3)A mechanism to qualify for coverage of the costs of long-term care needs under medicaid without first being required to substantially exhaust his or her resources, including a reduction of the individual's asset valuation by one dollar for each one dollar of benefits paid out under the individual's approved long-term care partnership program policy as a determination of medicaid eligibility;
(4)Inflation protection as provided by federal law;
(5)Asset protection up to the maximum as provided by federal law;
(6)Distribution of information regarding long-term care partnership plan policies to individuals through insurance companies offering approved partnership policies. The department shall approve the information before its distribution; and
(7)Encouraging the pursuit of private initiatives to alleviate the financial burden on the state's medical assistance program. (Pursuant to SL 2006, ch 149, §4, this section becomes effective upon passage of an amendment to section 1917 (b)(1)(C) of the Social Security Act by the United States Congress that authorizes the establishment of a long-term care partnership program.)
Source:
SL 2006, ch 149, §2.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06A - Assistance In Treatment Of Kidney Disease › Section 28-6A-2 - Dialysis and transplant program to be established--Assistance rendered.

28-6A-2. Dialysis and transplant program to be established--Assistance rendered.
The Department of Social Services shall establish a program for the care and treatment of persons suffering from chronic renal failure requiring dialysis or a transplant. The department shall assist persons who require lifesaving care and treatment for renal failure, but have insufficient income and resources to pay for these services.
Source:
SL 1976, ch 219, §2; SL 1981, ch 214, §1.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06A - Assistance In Treatment Of Kidney Disease › Section 28-6A-8 - Financial assistance to chronic renal failure patients--Services and supplies--Limitations.

28-6A-8. Financial assistance to chronic renal failure patients--Services and supplies--Limitations.
The secretary of social services shall extend financial assistance to persons suffering from chronic renal failure requiring dialysis or a transplant to help them obtain the medical, nursing, pharmaceutical, and technical services and supplies necessary for dialysis or transplants, including the renting or purchase of home dialysis equipment. Assistance may not exceed five thousand dollars annually for each eligible patient. Assistance for chronic renal failure may not exceed the amount that would be allowed for similar care and treatment under the medical assistance program authorized by chapter 28-6. A patient is not eligible for assistance under this chapter until the patient has exhausted all other sources of assistance, including veteran's administration benefits, medical or hospital insurance, third-party liability, assistance under Titles XVIII or XIX of the Social Security Act, or other public or private benefits or assistance. Eligibility for assistance under chapter 28-13 is not considered as a source of assistance for purposes of this section.
Source:
SL 1976, ch 219, §4 (3); SL 1981, ch 214, §2; SL 1995, ch 165.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06A - Assistance In Treatment Of Kidney Disease › Section 28-6A-10 - Contracts authorized for assistance from other agencies.

28-6A-10. Contracts authorized for assistance from other agencies.
The secretary of the Department of Social Services may contract with any appropriate agency for assistance in carrying out the purposes of this chapter.
Source:
SL 1976, ch 219, §5; SL 2004, ch 167, §57.
2023 South Dakota Codified Laws › Title 28 - Public Welfare and Assistance › Chapter 06A - Assistance In Treatment Of Kidney Disease › Section 28-6A-12 - Rules for administration and enforcement.

28-6A-12. Rules for administration and enforcement.
The secretary of social services may promulgate rules pursuant to chapter 1-26 to properly administer and enforce the provisions of this chapter. The rules may include eligibility for assistance, income and resource limitations, methods of administration and record keeping, and the scope and limitation of services to be provided.
Source:
SL 1976, ch 219, §6; SL 1981, ch 199, §40; SL 1981, ch 214, §3; SL 2004, ch 167, §58.