South Dakota Codified Laws
Chapter 13 - County Poor Relief
Section 28-13-32.10 - Indigency by design.

28-13-32.10. Indigency by design.
If an individual is indigent by design, the individual is ineligible for medical assistance under the provisions of this chapter and there may be no other criteria used to determine eligibility.

Source: SL 1997, ch 170, ยง22.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 28 - Public Welfare and Assistance

Chapter 13 - County Poor Relief

Section 28-13-1 - County duty to relieve poor persons--Taxation--Determination of eligibility.

Section 28-13-1.1 - "Indigent or poor person" defined--Eligibility standards.

Section 28-13-1.2 - Considerations in establishing eligibility standards.

Section 28-13-1.3 - Medically indigent person defined.

Section 28-13-1.4 - Appeal regarding medical indigence.

Section 28-13-2 - Residency acquired for poor relief purposes.

Section 28-13-3 - Residency required for assistance--Establishment.

Section 28-13-5 - Children's residency.

Section 28-13-8 - Residency continued until lost by new residency.

Section 28-13-12 - Residency not established by state acceptance of application.

Section 28-13-14 - Residency not established by residence in health care facility.

Section 28-13-16 - County commissioners to have responsibility for care and relief of poor persons.

Section 28-13-16.1 - Waiting period imposed at board's discretion while residency investigated.

Section 28-13-16.2 - Intentional fraud or deceit to receive assistance.

Section 28-13-17 - Proceedings by and against commissioners in name of county.

Section 28-13-18 - Record of poor relief payments available in investigation of residency.

Section 28-13-19 - Establishment of special emergency county welfare account--Purpose--Deposit and withdrawal of fund--Source of fund.

Section 28-13-20 - Services required of applicant--Contract for repayment of assistance.

Section 28-13-20.1 - Regular county employees not replaced by poor relief applicants--Maximum hours of work.

Section 28-13-20.2 - Refusal to work without just cause--Eligibility for assistance terminated.

Section 28-13-21 - County funds expended on federal work relief projects--Agreements with federal agencies--Construction of public buildings not authorized.

Section 28-13-22 - Employment of welfare workers to distribute funds and supplies to poor.

Section 28-13-23 - Annual allowances to competent poor persons.

Section 28-13-26 - Employment of physician to attend poor persons in county--Annual salary--Monthly report by physician.

Section 28-13-27 - Hospitalization of poor persons--Definition of terms.

Section 28-13-27.1 - Medically necessary hospital services.

Section 28-13-27.2 - Cost guidelines for medical and remedial services.

Section 28-13-28 - Statement of costs required of hospital caring for indigent persons--Frequency of statements.

Section 28-13-29 - Cost governed by statement or amendment--Claim against county not to exceed usual hospital rates.

Section 28-13-30 - Approval of statement by secretary--Modification of items in statement.

Section 28-13-31 - Continuation of statement in effect until withdrawn or amended--Effective date of amendments--Statements available for inspection.

Section 28-13-32 - County commissioners' objections to statements.

Section 28-13-32.3 - Medical indigency required for poor relief assistance in the event of hospitalization--Application required--Time--Limitation.

Section 28-13-32.4 - Submission of application by hospital within one year of discharge--Contents--Additional information not to be required.

Section 28-13-32.5 - Determining medical indigence--Annual income guideline.

Section 28-13-32.6 - Housing indexes by county.

Section 28-13-32.7 - Determining household income--Sources.

Section 28-13-32.8 - Household resources.

Section 28-13-32.9 - Determination of person's ability to pay--Factors.

Section 28-13-32.10 - Indigency by design.

Section 28-13-32.11 - Determination of household's ability to purchase health insurance.

Section 28-13-33 - County liability for emergency and nonemergency hospitalization of indigent persons--Remedies for recovery of expense by county.

Section 28-13-33.1 - Experimental procedures and treatment for medically indigent patient.

Section 28-13-33.2 - Billing for care of medically indigent patients.

Section 28-13-34.1 - Notice to county where hospitalization is furnished to indigent person--Time for notice of emergency and nonemergency admissions--Contents of notice.

Section 28-13-34.2 - Release of information.

Section 28-13-35 - Substitute arrangements for hospitalized indigent patient--County not liable to hospital after failure to cooperate.

Section 28-13-36 - Contractual arrangements between county and hospital not impaired.

Section 28-13-37 - County duty to relieve nonresidents in distress.

Section 28-13-37.1 - Medical review by county or Department of Social Services.

Section 28-13-38 - Temporary relief to nonresident--Reimbursement by home county.

Section 28-13-38.1 - When hospitals outside state are eligible for reimbursement by county.

Section 28-13-40 - Appeal to circuit court from county commissioners--Direction for assistance.

Section 28-13-42 - Names of recipients not released for publication.

Section 28-13-43 - Assignment or transfer of property to qualify for assistance as misdemeanor.

Section 28-13-44 - Bankruptcy not admissible in making determination of indigency.