27B-3-37. County assertion that person with developmental disability not a proper charge--Notice to file proofs--Investigation by attorney general--Notice of determination.
If the administrator of a facility has cared for or maintained a person with a developmental disability from a county and the state's attorney or the county commissioners of the county claim that the person is not a proper charge against the county, the state's attorney or the county commissioners shall notify the attorney general that the person in the facility is a proper charge against another county, or against the state if the person in the facility is not a resident of the state. The attorney general shall notify the county auditor of the county to file any proof within thirty days from the date of such notification. Upon receipt of such, the attorney general shall investigate the location of the residence of the person in the facility to determine if a county and which county should be charged. The attorney general shall notify the county auditor and the director of the South Dakota Developmental Center of the determination. Thereafter, the administrator shall charge for supports and services according to the determination of the attorney general.
Source: SL 2000, ch 131, ยง39.
Structure South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Chapter 03 - State Institutions For Developmentally Disabled Persons
Section 27B-3-8 - Acceptance and use of donations to institution--Records maintained.
Section 27B-3-15 - Location and name of Redfield institution--Control and supervision.
Section 27B-3-16 - Function and mission of South Dakota Developmental Center.
Section 27B-3-18 - Tests and immunizations provided by facility.
Section 27B-3-19 - Appointment of director--Director's role.
Section 27B-3-20 - Unlawful detention of person with developmental disability.
Section 27B-3-21 - County review board may order commitment.
Section 27B-3-22 - Adults eligible for voluntary admission.
Section 27B-3-23 - Minors eligible for voluntary admission.
Section 27B-3-24 - Eligibility for voluntary admission.
Section 27B-3-25 - Comprehensive evaluation within thirty days of admission--Annual review.
Section 27B-3-26 - County auditor to be notified of admission.
Section 27B-3-27 - Liability of admittee for maintenance costs--Federal charges.
Section 27B-3-28 - Department responsible for processing fees due state.
Section 27B-3-29 - Periodic determination of individual maintenance costs.
Section 27B-3-30 - Full per diem rate charged to patient able to pay.
Section 27B-3-31 - Application to pay less than normal charges.
Section 27B-3-32 - Determination of amount to be paid by patient--Filing of grievance.
Section 27B-3-34 - Limitation of actions for charges--Action during lifetime.
Section 27B-3-38 - Appeal to circuit court from attorney general's determination.
Section 27B-3-39 - Adjustment of payments by one county for residents of another.
Section 27B-3-40 - Monthly certification of charges to counties--Payments to state.
Section 27B-3-41 - Payments deposited in general fund.
Section 27B-3-44 - Notice to voluntary resident of release procedures--Right to discharge.
Section 27B-3-45 - Temporary detention of voluntary resident--Emergency commitment procedures.
Section 27B-3-47 - Return to facility of resident absent without authority.
Section 27B-3-49 - Secretary to be informed when no guardian or conservator of adult resident.
Section 27B-3-50 - Evaluation of competence of resident attaining adulthood.
Section 27B-3-52 - Criminal background investigation of new employees--Temporary employment--Fees.