28-6-1. Provision of medical services and remedial care authorized–Rules. The Department of Social Services may provide medical services and medical or remedial care on behalf of persons having insufficient income and resources to meet the necessary cost thereof, if the person has exhausted all other possible public and private medical and remedial care programs, income, […]
28-6-1.1. Establishment of fee schedules–Posting of fees, changes–Applicability of chapter 1-26. 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 shall […]
28-6-1.2. Reimbursement schedule for certain services–Medicaid program. 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 determine reimbursement amounts, for each service, based on a percentage of […]
28-6-16. Definition of terms. 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)”Department,” the Department of Social Services; (4)”Exempt income,” any income which may not […]
28-6-17. Income and resources of spouses in long-term care–Division–Notice–Hearing. 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-term medical assistance is made at the time. After […]
28-6-18. Promulgation of rules regarding income and resources in long-term care. 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 determination of the spousal minimum […]
28-6-20. Effect of 28-6-16 to 28-6-22, inclusive, on other statutes. 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 medical […]
28-6-21. Application of 28-6-17. 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.
28-6-22. Application of 28-6-16 to 28-6-22, inclusive. 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.
28-6-23. Medical assistance as debt to department–Recovery of debt. 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 department. Any payment […]
28-6-23.1. Limiting financial responsibility of estate of surviving spouse. 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 surviving spouse […]
28-6-24. Medical assistance lien against real property. 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 assistance lien against any […]
28-6-25. Filing medical assistance real estate lien. 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 name and last known […]
28-6-26. Exemption to medical assistance lien. 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.
28-6-27. Priority of medical assistance lien. 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.
28-6-28. Definition of terms. 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 care trust fund,” the fund established as provided in S.D. Const., Art. XII, §5 to […]
28-6-29. Funding pool established. 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 received benefits under chapter 28-6 times an amount […]
28-6-3.1. Disposal of assets at less than fair market value–Effect on eligibility. 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 […]
28-6-30. Payments from funding pool to publicly owned and operated nursing facilities. 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 provisions of […]
28-6-31. Payments to be remitted to department for credit to health care trust fund. 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)The […]
