South Dakota Codified Laws
Chapter 04 - South Dakota Human Services Center
Section 27A-4-17.2 - Disbursement of unclaimed funds after satisfaction of indebtedness.

27A-4-17.2. Disbursement of unclaimed funds after satisfaction of indebtedness.
If any funds remain after the disbursement allowed in §27A-4-17.1, funds shall be disbursed in the following order:
(1)If the patient has been receiving veterans administration funds the center shall notify the veterans administration as to the balance and upon receipt of proper claim shall disburse the funds to the veterans administration;
(2)If the patient has been a medicaid recipient, the administrator shall notify the Department of Social Services of the balance and the date of the death, on forms provided by the Department of Social Services. Upon receiving a valid claim, the funds shall be disbursed to the Department of Social Services with the center not responsible for any further claims;
(3)If any funds remain, in the sum of three hundred dollars or more, the administrator shall hold it for the benefit of the county legally obligated for the care of the patient for the purpose of satisfying any lien of the county against the patient;
(4)If the county waives or fails to commence proceedings on its lien within six months from the date of the death, the funds shall be made available to other creditors on a prorata basis; and
(5)If none of the above apply, or if no proceeding of probate or administration of the estate is commenced within six months from the time of giving the notice as required in §27A-4-17, or if there are no heirs to the estate, the amount on deposit at the center, notwithstanding chapter 21-36, shall escheat to the center's patient benefit fund.

Source: SL 1996, ch 181, §5.

Structure South Dakota Codified Laws