28-13-32.9. Determination of person's ability to pay--Factors.
A county is financially responsible only for the hospitalization expense which is beyond the person's ability to pay. A person's ability to pay is determined according to the following:
(1)Determine the household's contributions for taxes, social security, medicare, and payments to other standard retirement programs. A household's contribution for taxes is limited to the amount of taxes payable for the actual number of dependents in the household;
(2)Determine the household's expenses, including actual rent paid or scheduled principal and interest payments for a personal residence plus property taxes and homeowner's insurance costs; all utilities; child care expenses related to work schedules; grocery expenses up to the maximum allowed under the Food Stamp Program's Thrifty Food Plan as specified in rules promulgated by the Department of Social Services pursuant to chapter 1-26, plus household supplies and toiletries; basic auto expenses, gasoline, and upkeep; employee-paid health, life, and auto insurance payments; installment payments for medical bills; recurring expenses for medicine and medical care; court-ordered child support and alimony paid; automobile installment payments for one vehicle; clothing, reasonable in relation to the household's income; and installment payments, limited to necessary household items required by the household to maintain the needs of everyday living and reasonable in relation to the household's income;
(3)Determine the amount of a household's discretionary income by subtracting the sum of the household's contributions and expenses from the household's income determined according to §28-13-32.7. Divide the amount of the household's discretionary income in half and multiply the resulting amount by forty-four dollars and ninety-six cents. The result added to the household's adjusted resources determined according to §28-13-32.8 equals the household's ability to pay the debt and constitutes the household's share of the hospital bill. The amount of forty-four dollars and ninety-six cents represents the amount of medical or hospital expenses which can be amortized over sixty months at twelve percent annual interest per dollar of payment.
The amount of the county's obligation is determined by subtracting the amount of the household's ability to pay from the hospital charges computed according to §28-13-29. If the household defaults on the payment of its share of the hospital bill, a hospital may not pursue a collection action against the county for the defaulted payment.
Source: SL 1997, ch 170, §16; SL 1998, ch 165, §2.
Structure 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 28-13-20 - Services required of applicant--Contract for repayment of assistance.
Section 28-13-20.2 - Refusal to work without just cause--Eligibility for assistance terminated.
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 28-13-27 - 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 28-13-30 - Approval of statement by secretary--Modification of items in statement.
Section 28-13-32 - County commissioners' objections to statements.
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 28-13-33.1 - Experimental procedures and treatment for medically indigent patient.
Section 28-13-33.2 - Billing for care of medically indigent patients.
Section 28-13-34.2 - Release of information.
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.