Title 28, PUBLIC WELFARE AND ASSISTANCE

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, inferen…

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 cha…

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 b…

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 i…

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 t…

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 t…

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.

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 pu…

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 departm…

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.

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 re…

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.

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…

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 Unite…

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 coun…

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 intell…

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 phys…

Terms used in this chapter mean: (1) "Actual cost of hospitalization," the actual cost to a hospital of providing hospital services to a medically indigent person, determined by applying the ratios of costs to charges appearing on the statement of costs required in § 28-13-28 to …

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 pr…

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 eligi…

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 se…

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, whichev…

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 permanen…

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 r…

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 …

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: S…

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.

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) Determ…

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 d…

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 § 28-13-3…

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 th…

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 Daviso…

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 in…

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…

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…

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…

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.

If submitting a bill to a county for medically necessary hospital services provided on behalf of a person who is medically indigent, the hospital must first demonstrate that it has exhausted all avenues of payment including accepting reasonable monthly payments from the person wh…

If hospitalization is furnished to a medically indigent person, the county is not liable for the cost of the hospitalization unless, within fifteen days in the case of an emergency admission, notice of the hospitalization is mailed to the auditor of the county. The notice shall c…

If submitting a notice under the provisions of § 28-13-34.1 , the hospital shall make every reasonable effort to secure from the patient, and to include with the notice, a release of information form which has been signed by the patient or the patient's authorized representative.…

In any case of hospitalization of a medically indigent person, the county, through any elected officer or through an employee, may arrange for adequate and suitable care of the person elsewhere. If the county notifies the hospital in writing of its arrangement for the removal of …

Nothing in this chapter precludes a hospital and a county from entering into a reasonable and suitable arrangement, contract, or agreement for hospitalization of medically indigent persons at other rates than provided under this chapter, or abrogates or impairs any rights or reme…

It shall be the duty of the county commissioners, on complaint made to them that any person not an inhabitant of their county is lying sick therein or in distress, without friends or money, so that he is likely to suffer, to examine into the case of such person and grant such tem…

A county may review the need for emergency room treatment, an admission, a transfer, a continued stay, or inpatient surgical services. At its option, a county may request the Department of Social Services to provide the needed reviews on the county's behalf. In either case, the r…

Whenever any person entitled to temporary relief as a poor person shall be in any county in which he has not established residency, the commissioners thereof may, if the same is deemed advisable, grant such relief by providing the same relief as is customary in cases where person…

Hospitals located outside South Dakota are eligible for reimbursement from the county where the medically indigent person has established residency only if the hospital provides services which are not available in South Dakota or the hospital is approved by the county of residenc…