South Dakota Codified Laws
Chapter 06 - Medical Services To The Indigent
Section 28-6-1 - Provision of medical services and remedial care authorized--Rules.

28-6-1. Provision of medical services and remedial care authorized--Rules.
The Department of Social Services may provide medical services and medical or remedial care on behalf of persons having insufficient income and resources to meet the necessary cost thereof, if the person has exhausted all other possible public and private medical and remedial care programs, income, or benefits, with the exception of county poor relief, in accordance with rules which the secretary of social services shall promulgate pursuant to chapter 1-26. The rules shall specify the individuals and services for which state funds or federal financial participation are available and may include:
(1)The amount, scope, and duration of medical and remedial services;
(2)The basis for and extent of provider payments on behalf of an eligible person;
(3)The establishment and collection of copayments, premiums, fees, or charges for sharing the cost of risk protection or services provided to persons. All such collections shall be remitted to the general fund;
(4)Methods of administration found necessary for the operation of the medical assistance program;
(5)Safeguards against the disclosure or improper use of information, required by statutory law to be held confidential, concerning applicants for or recipients of medical assistance; and
(6)Such other requirements as may be necessary to obtain federal financial participation in the medical assistance program.

Source: SL 1966, ch 191, §1; SL 1981, ch 199, §31; SL 1982, ch 203, §1; SL 1987, ch 29, §10; SL 2000, ch 132, §10; SL 2004, ch 167, §51; SL 2019, ch 127, §9.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 28 - Public Welfare and Assistance

Chapter 06 - Medical Services To The Indigent

Section 28-6-1 - Provision of medical services and remedial care authorized--Rules.

Section 28-6-1.1 - Establishment of fee schedules--Posting of fees, changes--Applicability of chapter 1-26.

Section 28-6-1.2 - Reimbursement schedule for certain services--Medicaid program.

Section 28-6-3.1 - Disposal of assets at less than fair market value--Effect on eligibility.

Section 28-6-4.5 - Public funds not to be used for abortion except to save life of mother.

Section 28-6-5 - Opportunity provided to apply for assistance--Assistance furnished promptly.

Section 28-6-6 - Fair hearing on denial or delay in assistance.

Section 28-6-7.1 - Acceptance of assistance as assignment and subrogation of support rights and insurance proceeds--Liability of insurer or attorney.

Section 28-6-16 - Definition of terms.

Section 28-6-17 - Income and resources of spouses in long-term care--Division--Notice--Hearing.

Section 28-6-18 - Promulgation of rules regarding income and resources in long-term care.

Section 28-6-20 - Effect of 28-6-16 to 28-6-22, inclusive, on other statutes.

Section 28-6-21 - Application of 28-6-17.

Section 28-6-22 - Application of 28-6-16 to 28-6-22, inclusive.

Section 28-6-23 - Medical assistance as debt to department--Recovery of debt.

Section 28-6-23.1 - Limiting financial responsibility of estate of surviving spouse.

Section 28-6-24 - Medical assistance lien against real property.

Section 28-6-25 - Filing medical assistance real estate lien.

Section 28-6-26 - Exemption to medical assistance lien.

Section 28-6-27 - Priority of medical assistance lien.

Section 28-6-28 - Definition of terms.

Section 28-6-29 - Funding pool established.

Section 28-6-30 - Payments from funding pool to publicly owned and operated nursing facilities.

Section 28-6-31 - Payments to be remitted to department for credit to health care trust fund.

Section 28-6-32 - Publicly owned and operated nursing facility may receive and shall remit payments under §§ 28-6-30 and 28-6-31--Exception.

Section 28-6-33 - Code provisions governing investment in health care trust fund.

Section 28-6-34 - Funds appropriated under §28-6-1 may be used for payments under §28-6-30.

Section 28-6-35 - Promulgation of rules regarding health care trust fund and funding pool.

Section 28-6-36 - No entitlement to funds.

Section 28-6-37 - Eligibility for nursing and rehabilitative services--Countable assets reduced by long-term care partnership program policy benefits.

Section 28-6-38 - South Dakota long-term care partnership program established.