South Dakota Codified Laws
Chapter 13 - Costs Of Care And Treatment In State Facilities
Section 27A-13-10 - Determination by secretary of amount to be charged--Appeal and hearing.

27A-13-10. Determination by secretary of amount to be charged--Appeal and hearing.
Upon receipt of all information desired by the secretary of social services, the secretary shall determine, based upon the financial ability of the patient or responsible person, whether the patient or responsible person shall be charged with the full amount provided in §27A-13-7 or a lesser amount. If a patient, responsible person, or the county of residence, disagrees with the determination of the secretary, an appeal may be filed within thirty days of receipt of notification by such patient, responsible relative, or county of residence of such determination, for a hearing with the secretary. However, such appeal may not be filed more than once each six months.

Source: SL 1964, ch 104, §4 (3); SDCL §27-9-7; SL 1975, ch 181, §121; SL 1989, ch 21, §100; SL 1991, ch 220, §260; SL 2011, ch 1 (Ex. Ord. 11-1), §71, eff. Apr. 12, 2011.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 27A - Mentally Ill Persons

Chapter 13 - Costs Of Care And Treatment In State Facilities

Section 27A-13-2 - Definition of terms.

Section 27A-13-3 - Department responsible for collection and processing of fees.

Section 27A-13-3.1 - Human Services Center to maintain billing statement for each patient--Determination of ability to pay--Costs assessed patient or state.

Section 27A-13-3.2 - Secretary to promulgate rules to determine fees and ability to pay.

Section 27A-13-4 - Liability of resident and legally responsible person for cost of care--Federal charges.

Section 27A-13-5 - Tender of charges required on voluntary hospitalization--County or governmental pledge of payment--Monthly payment in advance--Indigent person.

Section 27A-13-6 - County payments for indigent voluntary patients entitled to poor relief--Residency not admitted by payment.

Section 27A-13-7 - Periodic approval and monthly assessment of charges--Method of computation.

Section 27A-13-8 - Full per diem cost paid by person financially able to pay.

Section 27A-13-9 - Application to pay less than applicable charge--Investigation and consideration by secretary.

Section 27A-13-10 - Determination by secretary of amount to be charged--Appeal and hearing.

Section 27A-13-11 - Review and change of amounts to be charged.

Section 27A-13-12 - Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments.

Section 27A-13-13 - Civil suit for collection of payments--Lien on property--Claim against decedent's estate.

Section 27A-13-14 - Collection of delinquent accounts--Credit to general fund.

Section 27A-13-15 - County appropriation for support of mentally ill.

Section 27A-13-16 - Admission fee to be paid by county of residence--Amount.

Section 27A-13-17 - Procedure for determining county of residency.

Section 27A-13-18 - County claim that patient is improperly charged to county--Investigation and determination by attorney general--Notice to state and county officers.

Section 27A-13-18.1 - Appeal of residence determination to circuit court by county--Notice to attorney general--Trial de novo.

Section 27A-13-18.2 - Appeal of residence determination to circuit court by attorney general--Service and filing of notice--Trial de novo.

Section 27A-13-19 - Charges to state for patient determined to be nonresident.

Section 27A-13-19.1 - Voluntary admission of non-resident--Waiver of fee.

Section 27A-13-20 - Appeal to circuit court from attorney general's determination as to residence of patient.

Section 27A-13-21 - Administrator to charge expenses to county of residence despite commitment from another county.

Section 27A-13-22 - Expenses paid by county reimbursed by county of residence.

Section 27A-13-22.1 - Refund with interest by county of residence of expenses incurred by attorney general.

Section 27A-13-25 - Administrator's report to county of patients discharged--Notice to county auditor.

Section 27A-13-26 - Monthly certification of charges to counties--Payment--Deposit.

Section 27A-13-27 - Uniform system of accounts continued.

Section 27A-13-28 - Accounts maintained in accordance with system--Records maintained by county auditor.

Section 27A-13-31 - Action by county for reimbursement--Lien on property.

Section 27A-13-32 - Notice by county auditor and collection of charges from persons responsible--Notice of appeal procedure.

Section 27A-13-33 - Accrual of state or county claim--Commencement during life of patient--Past claims.

Section 27A-13-34 - Disposition of amounts collected from patient or responsible person.