Title 28 — PUBLIC WELFARE AND ASSISTANCE

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…

28-6-5 Opportunity provided to apply for assistance--Assistance furnished promptly. 28-6-5.1

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. 28-6-5.1. Repealed by SL 1981, ch 199 , § 35

28-6-7

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);…

28-6-8 28-6-8 to 28-6-10. Repealed by SL 1981, ch 199 , §§ 36 to 38 28-6-11

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…

28-6A-3

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.

Source: SL 1976, ch 219 , § 9; SL 2023, ch 94 , § 17.

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 t…

The secretary of social services shall adopt by rule a copayment schedule for services under this chapter. The schedule shall consider the income and resources of the applicant or recipient. The applicant or recipient shall pay the copayment directly to the service provider. The …

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 ins…

28-6A-5 Repealed. 28-6A-6

Source: SL 1976, ch 219 , § 4 (4); SL 2023, ch 94 , § 15.

Source: SL 1976, ch 219 , § 4 (5); SL 2023, ch 94 , § 16. 28-6A-6. Repealed by SL 1981, ch 214 , § 7 28-6A-7. Repealed by SL 1981, ch 199 , § 39; SL 1981, ch 214 , § 8

Repealed by SL 1981, ch 214 , § 7 28-6A-7

28-6A-9

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 transplant…

28-6A-11 Repealed. 28-6A-12 Rules for administration and enforcement. 28-6A-13 Schedule for copayment of service fees--Payments by applicant and department. 28-6A-1. Repealed by SL 1981, ch 214 , § 5

There is hereby created the prenatal care program, a separate health assistance program, solely to provide for the medical care of unborn children whose mothers are ineligible for coverage under Title XIX of the federal Social Security Act based on their citizenship status. Sourc…

Source: SL 2016, ch 148 , § 2; SL 2023, ch 94 , § 18.

The department shall implement the prenatal care program and shall receive and distribute the state and federal funds appropriated or provided for benefits pursuant to this chapter. Source: SL 2016, ch 148 , § 3.

The secretary shall promulgate rules 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 prenatal medical services; (2) The b…

The department shall determine eligibility for this program using the same income limits and methodology used to determine eligibility for the pregnancy program under Title XIX. Source: SL 2016, ch 148 , § 5.

The department shall determine the scope of services eligible to provide health coverage for the unborn child for this program in accordance with the federal regulations. Source: SL 2016, ch 148 , § 6.

No medical services for a medical issue unrelated to the pregnancy or separate to the mother is covered under this chapter. Source: SL 2016, ch 148 , § 7.

For purposes of this chapter, the term, prenatal medical services, does not include an abortion unless the abortion is necessitated by a medical emergency as defined in subdivision 34-23A-1(5). Source: SL 2016, ch 148 , § 8.

Source: SL 2000, ch 132 , § 6; SL 2001, ch 152 , § 4.

The implementation of assistance under this chapter does not establish a personal or family entitlement to assistance. Source: SL 1997, ch 166 , § 1.

The department may adopt by rules promulgated pursuant to chapter 1-26 reasonable standards for the participation of eligible recipients in work activities and programs of assistance calculated to foster parental responsibility, employment, or family independence. To the extent p…

The department may deny, reduce, or terminate assistance to an applicant or recipient who voluntarily refuses to participate in an assessment, work activity, or assistance program for such period as may be reasonably necessary to deter program waste or abuse. The department may a…

The department may implement such programs of assistance as may be feasible and reasonably calculated to fulfill the purposes of this chapter. This chapter does not require the department to provide assistance in the absence of legislative appropriation therefor. Source: SL 1997,…

An adult in a family receiving assistance under this chapter may fill a vacant employment position in order to engage in a work activity except no such adult may be employed or assigned if any other individual is on layoff from the same or any substantially equivalent job or if t…

The department may reconsider assistance as frequently as may be required. The department may deny, reduce, suspend, or terminate assistance as the circumstances may indicate upon such reconsideration. Source: SL 1997, ch 166 , § 15.

An applicant or recipient whose application is denied or not acted upon or who is aggrieved by any action affecting receipt, suspension, reduction, or termination of assistance may appeal the action or inaction as provided in chapter 1-26 . Source: SL 1997, ch 166 , § 16.

No applicant or recipient of assistance under this chapter may: (1) Intentionally make or cause to be made any false statement or misrepresentation in any application, report, or other communication with the department; or (2) Having knowledge of any event or circumstance affecti…

The department may adopt, pursuant to chapter 1-26 , necessary and reasonable policies and procedures to recover or recoup any overpayment of assistance that resulted from fraud or misrepresentation, erroneous determination of eligibility or amount of assistance, or otherwise. So…

Assistance granted under this chapter is not transferable or assignable at law or in equity. No money paid or assistance granted under this chapter is subject to execution, levy, attachment, garnishment, or other legal process, except as may be expressly authorized by law for pur…

Assistance implemented under this chapter is subject to the provisions of any amending or repealing act that may hereafter be enacted. No applicant or recipient of assistance under this chapter has any claim for compensation or otherwise by reason of the effect of any such amendi…

Terms used in this chapter mean: (1) "Assistance," includes money, services, goods, or other types of temporary assistance made with respect to any child or with respect to the parents of any child for whom federal funds are available to the state under this chapter; (2) "Departm…

The Department of Social Services shall implement a combination work and education activity for recipients of the temporary assistance for needy families program who qualify under the provisions of §§ 28-7A-20 to 28-7A-24 , inclusive. This combination work and education activity …

The education component of the combination work and education activity must meet the following criteria: (1) Must be an undergraduate postsecondary educational program at an institution accredited by the North Central Association of Colleges and Secondary Schools; (2) Must result…

The recipient of the temporary assistance for needy families program must meet the following criteria to be approved for the work and education activity under the provisions of §§ 28-7A-20 to 28-7A-24 , inclusive: (1) Must be enrolled in a postsecondary education program for a mi…

The Department of Social Services may limit the number of participants in the work and education activity to meet the requirements under the state's temporary assistance for needy families program. Source: SL 2000, ch 133 , § 4.

The department may promulgate rules pursuant to chapter 1-26 for the administration of §§ 28-7A-20 to 28-7A-24 , inclusive. Rules may include the following: (1) Employability assessment, work activities, and supportive services; (2) Conditions of continued eligibility, eligibilit…

The department may promulgate rules, in accordance with chapter 1-26 , regarding: (1) Assistance eligibility qualifications except as otherwise provided in § 28-7A-4.1 , application procedure, and assistance level; (2) Employability assessment, work activities, and supportive ser…

Eligibility criteria and assistance level for temporary assistance for needy families shall be determined by the department with due regard to the necessary expenditures of families in this state. Source: SL 1997, ch 166 , § 5.

As permitted in accordance with 21 U.S.C. § 862a(d)(1)(A), this state exempts itself from the application of 21 U.S.C. § 862a(a)(1). The department may not deny benefits otherwise available under this chapter to an applicant solely because the applicant has been convicted, under …

An applicant for or recipient of assistance under this chapter shall supply proof of or apply for a social security number as a condition of eligibility to receive assistance. The parent or relative with whom the child resides shall comply on behalf of a child for whom assistance…