Title 27A — MENTALLY ILL PERSONS

Upon receipt of all information desired by the secretary of social services, the secretary shall determine, based upon the financial ability of the patient or responsible person, whether the patient or responsible person shall be charged with the full amount provided in § 27A-13-…

The secretary of social services may, at any time, review and change any determination for applicable charges. Source: SL 1964, ch 104 , § 4 (4); SDCL § 27-9-8; SL 1989, ch 21 , § 101; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 71, eff. Apr. 12, 2011.

No person is liable for the cost of the care, support, maintenance, and treatment of any patient except as provided in this title, but the amounts determined to be due under this title and unpaid at the time of the death of a patient or responsible person shall constitute a claim…

If a patient liable for payments due under §§ 27A-13-4 to 27A-13-12 , inclusive, refuses or fails to make such payments, the charges are collectible by a civil suit brought in the name of the State of South Dakota. The State of South Dakota may sue such patient for such payments …

If any account has been delinquent for six months or more, the Department of Social Services shall notify the attorney general which shall be responsible for collecting the delinquent moneys by any legal means available. All amounts collected shall be deposited to the credit of t…

The board of county commissioners shall annually appropriate a sum sufficient to pay for the support of its mentally ill. Source: SDC 1939, § 30.0214; SDCL, § 27-9-25; SL 1985, ch 77 , § 34.

Effective July 1, 2010, the county of residence shall pay an admission fee of six hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for …

Sections 27A-13-18 to 27A-13-20 , inclusive, shall determine patient eligibility for contributions by the county of residency under § 27A-13-16 , except that time spent in a state institution shall not be counted in determining the matter of residency. Source: SL 1964, ch 104 , §…

If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of resid…

If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of resid…

If the administrator of the Human Services Center has treated a patient determined by the committing board of mental illness to be a proper charge against the state at large because the patient is not a resident of the state and the attorney general has appeared before the commit…

If the attorney general shall find that such patient is not a proper charge against any county in the state, such patient shall thereafter be regarded as a proper charge against the state at large until returned to the state of his residence. Source: SDC 1939, § 30.0215; SL 1939,…

If a person who is not a resident of South Dakota presents himself for voluntary admission at the South Dakota Human Services Center, the person may be admitted for psychiatric treatment and the admission fee or amount charged against the counties to be tendered to the administra…

Terms used in this chapter mean: (1)(a) "Full-time equivalent patient population in the center's psychiatric nursing facility unit," the total daily patient count in that unit at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the numbe…

If any county is dissatisfied with the determination of residence entered by the attorney general, such county may appeal to the circuit court, by filing and serving a notice of appeal upon the attorney general and upon one of the members of the board of county commissioners of t…

If the administrator of the Human Services Center has been advised by a county board of mental illness, the attorney general pursuant to § 27A-13-18 , or by a circuit court, that a patient sent to the center from one county has a residency in another county, he shall thereafter h…

Expenses incurred by one county, on account of a mentally ill person whose residence is in another county, shall be refunded with lawful interest thereon by the county of residence. The expenses and interest shall be presented to the board of commissioners of the county of reside…

Expenses incurred by the attorney general on account of a mentally ill person whose residence is in a county of the state shall be refunded with lawful interest thereon by the county of residence. Source: SL 1986, ch 227 , § 14. 27A-13-23. Repealed by SL 1991, ch 220 , § 267 27A-…

The administrator of the Human Services Center shall furnish at once to the chairman of the county board of mental illness of the county wherein the residence is found to be, the name of each patient under involuntary commitment that is discharged. The county auditor wherein the …

All charges to counties under §§ 27A-13-16 to 27A-13-21 , inclusive, shall be certified each month by the secretary of social services, or his designee, to the county auditor. The certification shall include a listing of charges by patient name. The certification shall be sent to…

The uniform system of keeping accounts between the county and its mentally ill patients and between the county and the state shall be continued as the official uniform system of keeping such accounts throughout the state. Source: SDC 1939, § 30.0122; SDCL, § 27-9-27; SL 1975, ch …

It shall be the duty of the county auditor of each county to keep such accounts in accordance with said uniform system and to assemble and record all the information necessary to provide an accurate and complete record of all transactions, charges, disbursements, debits, and cred…

The Department of Social Services is responsible for the collection and processing of fees due to the state for the care of patients in the South Dakota Human Services Center. Source: SL 1964, ch 104 , § 3; SDCL § 27-9-11; SL 1989, ch 21 , § 96; SL 2011, ch 1 (Ex. Ord. 11-1 ), § …

The secretary of social services shall direct the Human Services Center to calculate and maintain for each patient at the center a billing statement itemizing the individual charges for the care, support, maintenance, and treatment provided to each patient. The center shall deter…

The secretary of social services shall promulgate rules, pursuant to chapter 1-26 , to establish a method to determine the fee for each service or test based on the actual cost of performing the service or test and the determination of ability to pay and indigence. The secretary …

Payment by the county of residence pursuant to § 27A-13-10 is collectible by a civil suit brought in the name of the individual county and any judgment obtained is a lien upon the real property of the patient or responsible person and may be collected as other liens. Source: SDCL…

The county auditor shall, upon receipt of a statement from the administrator of the Human Services Center requiring payment for the care of voluntary patients therein, enter the proper charge against the respective patients and notify those legally bound for the support of such p…

The statute of limitations upon any claim of the county or state for expense of care of the mentally ill as provided herein may not commence to run until the death of the mentally ill patient, but action may be begun at any time during the life of the mentally ill person. This ch…

All payments made for the treatment and maintenance of patients in accordance with this chapter shall be deposited to the credit of the general fund. Source: SL 1964, ch 104 , § 7; SDCL, § 27-9-14; SL 1974, ch 186 , § 3.

If any person is admitted to a state facility, the resident and any legally responsible person is liable for the cost of the care, support, maintenance, and treatment of such persons to the extent and in the manner provided by this title. If the resident is not a proper charge of…

Every person who is admitted to the center on a voluntary basis shall, prior to his admittance, tender to the administrator of the facility the minimum amount charged against the counties in §

The county of residence shall make payments for the care and treatment of any indigent person voluntarily admitted to the South Dakota Human Services Center the same as if there had been a regular commitment pursuant to chapter 27A-10 if such person is entitled to poor relief pur…

The secretary of social services shall periodically approve the per diem rate for the care, support, maintenance, and treatment provided to each patient by or at the expense of the South Dakota Human Services Center for the fiscal year during which the services are rendered and c…

Any patient who is determined by the secretary of social services to be unable to pay the total services charge, but who is determined, as provided in §§ 27A-13-9 and 27A-13-10 , to be financially able to pay the per diem rate shall continue to be charged the per diem cost for ea…

Any patient or responsible person may apply to the secretary of social services for permission to pay less than the applicable charge. On receipt of such application, the secretary shall request an investigation, to determine the ability of the patient or responsible person to pa…