Title 28, PUBLIC WELFARE AND ASSISTANCE

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…

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.

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…

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…

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…

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.

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…