Title 28 — PUBLIC WELFARE AND ASSISTANCE

The state treasurer, on behalf of the Department of Social Services, with the approval of the Bureau of Finance and Management, shall establish an account or system of accounts in the state treasury for the receipt and disbursement of child support enforcement collections. The de…

All applications and records concerning any applicant for child and spousal support enforcement services are confidential except: (1) For inspection by persons authorized by this state or the United States in connection with their official duties; (2) For the purpose of fair hear…

The department shall furnish information regarding the amount of overdue support owed by an obligor to any consumer reporting agency, as defined by this section, upon the request of the agency, or as determined by the secretary. The term, consumer reporting agency, means any pers…

28-1-75 Repealed by SL 2012, ch 153 , § 8. 28-1-76

28-1-76. Repealed by SL 2011, ch 134 , § 5.

28-1-77 Repealed by SL 2012, ch 153 , § 9. 28-1-78 Program of recoveries and fraud investigations--Debt collection and fraud allegation investigations--Authority of investigators. 28-1-79 Collection action to recover debts owed department. 28-1-80 Confidentiality of investigative…

Repealed by SL 2012, ch 153 , § 9.

The department shall have a program of recoveries and fraud investigations to collect debts owed the department and to investigate allegations of fraud in all department assistance programs. Any fraud investigator for this program may: (1) Initiate and conduct any investigation i…

The program may take any collection action provided for in state and federal law and regulation to recover debts owed the department. Source: SL 2005, ch 146 , § 2.

28-1-10

All investigative records and files of the program established pursuant to §§ 28-1-78 to 28-1-81 , inclusive, are confidential. No investigative record may be released except to department personnel, federal, state, and local law enforcement, prosecuting attorneys, and the attorn…

The secretary of the Department of Social Services shall annually report to the Governor and the Legislature concerning the activities of the program including the number and type of cases investigated, the outcome of such investigations, and costs and expenditures incurred durin…

A person is guilty of unauthorized acquisition or transfer of Supplemental Nutrition Assistance Program benefits if the person knowingly: (1) Acquires, purchases, possesses, or uses any Supplemental Nutrition Assistance Program EBT card to obtain Supplemental Nutrition Assistance…

Any person convicted of an offense under subdivision 28-1-82 (1) or (2) with a Supplemental Nutrition Assistance Program EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under subdivision 28-1-82 (1) or (2) with…

As used in §§ 28-1-82 to 28-1-84 , inclusive, the term, Supplemental Nutrition Assistance Program EBT card, means any electronic benefit transfer card issued for the purchase of food pursuant to the Food Stamp Act of 1997, 7 U.S.C. §§ 2011 to 2029, inclusive, in effect on January…

Any resettlement agency that is authorized to do business in this state and provides programs, services, or other resources in support of refugee resettlement in this state shall, on or before October first of each year, provide a report to the Governor and the Legislature settin…

28-1-10. Superseded

The Department of Social Services may provide medical services and medical or remedial care to or on behalf of any medically indigent person of this state who has attained the age of sixty - five years, in such manner as to complement the provisions of Title XVIII of the 1965 ame…

In addition to the other powers granted to the Department of Social Services under chapter 28-1 , the department may cooperate with or enter into agreements with agencies of the federal government to the extent necessary or appropriate to implement the provisions of Public Law 92…

The Department of Social Services shall be reimbursed in full under any agreement for its costs of administration of any federal program and when necessary shall be provided with federal funds sufficient to meet benefit payment obligations for recipients under the terms of any ag…

The Department of Social Services may establish or amend fee schedules used to pay for items and services covered by the medical assistance program under the provisions of this chapter without following the procedures set forth in §§ 1-26-4 to 1-26-6 , inclusive. The department s…

The Department of Social Services shall establish, maintain, and publish a reimbursement schedule for chiropractic, dental, and optometric services delivered under the Medicaid program. The schedule shall provide a reimbursement amount for each service. The department shall deter…

Repealed by SL 1985, ch 223 , §§ 1 to 4 28-6-16 Definition of terms. 28-6-17 Income and resources of spouses in long-term care--Division--Notice--Hearing. 28-6-18 Promulgation of rules regarding income and resources in long-term care. 28-6-19

Terms used in §§ 28-6-16 to 28-6-22 , inclusive, mean: (1) "Community spouse," the spouse of an institutionalized spouse; (2) "Deeming" or "deemed," the determination by the department that nonexempt resources or income of a spouse is available to an institutionalized spouse; (3)…

The department shall determine the aggregate nonexempt resources and income of the community spouse and the institutionalized spouse at the beginning of a continuous period of institutionalization of the institutionalized spouse regardless of whether an application for long - ter…

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…

28-6-21 Application of

Repealed by SL 1981, ch 199 , § 33 28-6-3

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…

Application of

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.

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…

28-6-4

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 §

Funds appropriated under § 28-6-1 may be used for payments under §

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…

Repealed by SL 1971, ch 169 , § 1 28-6-4.5 Public funds not to be used for abortion except to save life of mother. 28-6-4.6