Title 28, PUBLIC WELFARE AND ASSISTANCE

28-6-23 Medical assistance as debt to department--Recovery of debt. 28-6-23.1 Limiting financial responsibility of estate of surviving spouse. 28-6-24 Medical assistance lien against real property. 28-6-25 Filing medical assistance real estate lien. 28-6-26 Exemption to medical a…

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 dete…

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 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.

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.

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 departme…

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 survivin…

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…

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 na…

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.

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.

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 ca…

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 r…

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 …

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 prov…

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) T…

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 s…

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.

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.

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 …

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.

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 …

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 i…

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 there…

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.

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);…

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 ap…