27A-13-13. Civil suit for collection of payments--Lien on property--Claim against decedent's estate.
If a patient liable for payments due under §§27A-13-4 to 27A-13-12, inclusive, refuses or fails to make such payments, the charges are collectible by a civil suit brought in the name of the State of South Dakota. The State of South Dakota may sue such patient for such payments due, and any judgment obtained is a lien upon the real property of such person, and shall be collected as other judgments. Any claim arising under said sections has the same force and effect against the real and personal property of a deceased person as other debts of a decedent, and shall be ascertained and recovered in the same manner. The Department of Social Services may promulgate rules pursuant to chapter 1-26 regarding payments for involuntary care.
Source: SL 1964, ch 104, §5; SDCL §27-9-12; SL 1974, ch 185, §2; SL 1991, ch 220, §262; SL 1992, ch 189, §7; SL 2011, ch 1 (Ex. Ord. 11-1), §163, eff. Apr. 12, 2011.
Structure 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-13-3.2 - Secretary to promulgate rules to determine fees and ability to pay.
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-13-10 - 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-13-14 - 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-13-19 - Charges to state for patient determined to be nonresident.
Section 27A-13-19.1 - Voluntary admission of non-resident--Waiver of fee.
Section 27A-13-22 - Expenses paid by county reimbursed by county of residence.
Section 27A-13-26 - Monthly certification of charges to counties--Payment--Deposit.
Section 27A-13-27 - Uniform system of accounts continued.
Section 27A-13-31 - Action by county for reimbursement--Lien on property.
Section 27A-13-34 - Disposition of amounts collected from patient or responsible person.