Title 28 — PUBLIC WELFARE AND ASSISTANCE
28 chapters · 329 sections in this title.
SDCL § 28-13-1 County duty to relieve poor persons--Taxation--Determination of eligibility
0.6K chars
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 commi…
SDCL § 28-13-1.1 "Indigent or poor person" defined--Eligibility standards
0.5K chars
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 …
SDCL § 28-13-1.2 Considerations in establishing eligibility standards
0.5K chars
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 …
SDCL § 28-13-1.3 Medically indigent person defined
0.9K chars
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…
SDCL § 28-13-1.4 Appeal regarding medical indigence
0.7K chars
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…
SDCL § 28-13-12 Residency not established by state acceptance of application
0.4K chars
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…
SDCL § 28-13-14 Residency not established by residence in health care facility
0.5K chars
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…
SDCL § 28-13-16 County commissioners to have responsibility for care and relief of poor persons
0.4K chars
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…
SDCL § 28-13-16.1 Waiting period imposed at board's discretion while residency investigated
0.4K chars
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…
SDCL § 28-13-16.2 Intentional fraud or deceit to receive assistance
0.4K chars
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…
SDCL § 28-13-17 Proceedings by and against commissioners in name of county
0.3K chars
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.
SDCL § 28-13-18 Record of poor relief payments available in investigation of residency
0.3K chars
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…
SDCL § 28-13-19 Establishment of special emergency county welfare account--Purpose--Deposit and withdrawal of fund--Source of fund
0.6K chars
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…
SDCL § 28-13-2 Residency acquired for poor relief purposes
0.3K chars
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.
SDCL § 28-13-20 Services required of applicant--Contract for repayment of assistance
0.5K chars
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…
SDCL § 28-13-20.1 Regular county employees not replaced by poor relief applicants--Maximum hours of work
0.3K chars
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.
SDCL § 28-13-20.2 Refusal to work without just cause--Eligibility for assistance terminated
0.3K chars
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…
SDCL § 28-13-21 County funds expended on federal work relief projects--Agreements with federal agencies--Construction of public buildings not authorized
0.7K chars
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…
SDCL § 28-13-22 Employment of welfare workers to distribute funds and supplies to poor
0.6K chars
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…
SDCL § 28-13-23 Annual allowances to competent poor persons
0.8K chars
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…
SDCL § 28-13-26 Employment of physician to attend poor persons in county--Annual salary--Monthly report by physician
0.9K chars
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…
SDCL § 28-13-27 Hospitalization of poor persons--Definition of terms
3.2K chars
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 …
SDCL § 28-13-27.1 Medically necessary hospital services
1.1K chars
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…
SDCL § 28-13-27.2 Cost guidelines for medical and remedial services
0.3K chars
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…
SDCL § 28-13-28 Statement of costs required of hospital caring for indigent persons--Frequency of statements
0.8K chars
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…
SDCL § 28-13-29 Cost governed by statement or amendment--Claim against county not to exceed usual hospital rates
0.1K chars
The amount of reimbursement for hospital services is the amount calculated pursuant to §
Residency required for assistance--Establishment
0.9K chars
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…
SDCL § 28-13-30 Approval of statement by secretary--Modification of items in statement
0.7K chars
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…
SDCL § 28-13-31 Continuation of statement in effect until withdrawn or amended--Effective date of amendments--Statements available for inspection
0.7K chars
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 …
SDCL § 28-13-32 County commissioners' objections to statements
0.5K chars
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…
SDCL § 28-13-32.10 Indigency by design
0.2K chars
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.
SDCL § 28-13-32.11 Determination of household's ability to purchase health insurance
2.1K chars
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…
SDCL § 28-13-32.3 Medical indigency required for poor relief assistance in the event of hospitalization--Application required--Time--Limitation
0.1K chars
To receive assistance under this chapter for the costs of hospitalization, a person must be medically indigent as defined in §
SDCL § 28-13-32.4 Submission of application by hospital within one year of discharge--Contents--Additional information not to be required
0.8K chars
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…
SDCL § 28-13-32.5 Determining medical indigence--Annual income guideline
0.8K chars
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…
SDCL § 28-13-32.6 Housing indexes by county
1.0K chars
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…
SDCL § 28-13-32.7 Determining household income--Sources
1.4K chars
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…
SDCL § 28-13-32.8 Household resources
1.3K chars
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…
SDCL § 28-13-32.9 Determination of person's ability to pay--Factors
1.7K chars
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…
SDCL § 28-13-33 County liability for emergency and nonemergency hospitalization of indigent persons--Remedies for recovery of expense by county
1.0K chars
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…
SDCL § 28-13-33.1 Experimental procedures and treatment for medically indigent patient
0.2K chars
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.
SDCL § 28-13-33.2 Billing for care of medically indigent patients
0.4K chars
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…
SDCL § 28-13-34.1 Notice to county where hospitalization is furnished to indigent person--Time for notice of emergency and nonemergency admissions--Contents of notice
1.1K chars
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…
SDCL § 28-13-34.2 Release of information
0.6K chars
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.…
SDCL § 28-13-35 Substitute arrangements for hospitalized indigent patient--County not liable to hospital after failure to cooperate
0.6K chars
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 …
SDCL § 28-13-36 Contractual arrangements between county and hospital not impaired
0.5K chars
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…
SDCL § 28-13-37 County duty to relieve nonresidents in distress
0.4K chars
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…
SDCL § 28-13-37.1 Medical review by county or Department of Social Services
0.5K chars
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…
SDCL § 28-13-38 Temporary relief to nonresident--Reimbursement by home county
0.5K chars
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…
SDCL § 28-13-38.1 When hospitals outside state are eligible for reimbursement by county
0.5K chars
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…