28-6-24. Medical assistance lien against real property.
Any payment of medical assistance by or through the Department of Social Services to an individual who is an inpatient in a nursing facility, an intermediate care facility for individuals with intellectual disabilities, or other medical institution is a debt and creates a medical assistance lien against any real property in which the individual has any ownership interest. The secretary of social services shall adopt reasonable and necessary rules, pursuant to chapter 1-26, to define such individuals, establish the amount of the lien, establish limitations on the lien as required by federal law or regulations, and provide any other rules as may be required to obtain federal financial participation in the medical assistance program. The lien so created shall be perfected against real estate as provided in §28-6-25.
Source: SL 1994, ch 229, §2; SL 2013, ch 125, §13.
Structure 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 28-6-1.2 - 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 28-6-16 - 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 28-6-33 - 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 28-6-38 - South Dakota long-term care partnership program established.