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.
S.D. Codified Laws § 28-6-24
Medical assistance lien against real property
Applied in 1 court decision — leading case Hollman v. South Dakota Department of Social Services (2015)
Most recently applied in Hollman v. South Dakota Department of Social Services (April 2015)
Source: SL 1994, ch 229, § 2; SL 2013, ch 125, § 13.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.