South Dakota Codified Laws
Chapter 06 - Medical Services To The Indigent
Section 28-6-23.1 - Limiting financial responsibility of estate of surviving spouse.

28-6-23.1. Limiting financial responsibility of estate of surviving spouse.
A surviving spouse may petition the Department of Social Services for purposes of limiting the financial responsibility of the estate of the surviving spouse. The financial responsibility of the estate of the surviving spouse may not exceed the value of the estate of the surviving spouse as of the date of death of the medical assistance recipient. For purposes of the determination of the financial responsibility, it shall be assumed that the surviving spouse died simultaneously with the medical assistance recipient. The petition for financial responsibility shall be filed with the Department of Social Services within six months of the date of death of the medical assistance recipient.

Source: SL 1997, ch 168, §2.

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.