28-6-25. Filing medical assistance real estate lien.
The Department of Social Services shall file a medical assistance real estate lien with the register of deeds in any county where the individual has an ownership interest in real property. The lien statement filed shall contain, at a minimum, the following information:
(1)The name and last known address of all owners of the real property;
(2)The legal description of the real estate to which the lien is to attach;
(3)The circumstances out of which the lien is claimed to have arisen and the circumstances, if any, under which future accumulations may arise;
(4)The amount claimed as a lien and the probable amounts by which it may increase, if known.
The register of deeds shall, without charge to the department, record the medical assistance real estate lien in the real estate records, at which time the lien will attach to the real property interest of the recipient described in subdivision (2) of this section. The lien shall remain in effect for a period of twenty years from the time of recording in the county where the land is located as provided in this section, unless released or foreclosed as provided by law.
If the individual is discharged or released from a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution, other than by death or transfer to another or similar institution, the Department of Social Services shall immediately, upon notice of the discharge or release, file with the register of deeds a satisfaction of the lien which shall be recorded by the register of deeds in the real estate records without charge.
Source: SL 1994, ch 229, §3; SL 2013, ch 125, §14.
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.