§ 27A-13-7 — Periodic approval and monthly assessment of charges--Method of computation.

The secretary of social services shall periodically approve the per diem rate for the care, support, maintenance, and treatment provided to each patient by or at the expense of the South Dakota Human Services Center for the fiscal year during which the services are rendered and cause such amount, or portion thereof as may be appropriate, to be assessed monthly against and collected from the patient or responsible person, agency, or other entity legally liable for paying all or any part of the patient's applicable amount if it has been determined that the patient or that the legally responsible person or agency is not financially able to pay the total service charge. The secretary shall set the per diem rate based on the center's actual expenditures during the fiscal year immediately preceding the fiscal year for which the amount is being determined and shall compute that determination of the amount as follows: (1) The total expenditures of the center for operating the center's psychiatric nursing facility, including an apportionment of all the center's support services to that unit, for the fiscal year immediately preceding the fiscal year for which the amount is being determined shall be computed in accordance with generally accepted accounting procedures. In so doing, the secretary may not include any of the following: (a) Capital expenditures for land or building fixed assets; (b) Expenditures for special educational programs required by state or federal law to be provided to center patients who are under the age of twenty-one years; (c) Expenditures for direct medical care provided to a patient at medical facilities other than the center, the cost of which shall be charged directly against the patient who received that care at the exact cost to the center as a total service charge for that care. Those total expenditures shall then be divided by the average daily on roll census of the center's psychiatric nursing facility unit to arrive at the per diem amount for that unit for the fiscal year. (2) The total expenditures of the center for operating all of its treatment units, excepting its psychiatric nursing facility unit, including an apportionment of all the center's support services to those units, for the fiscal year immediately preceding the fiscal year for which amount is being determined, shall be computed in accordance with generally accepted accounting procedures. In so doing, the secretary may not include the following: (a) Capital expenditures for land or building fixed assets; (b) Expenditures for special educational programs required by state or federal law to be provided to center patients who are under the age of twenty-one years; (c) Expenditures for direct medical care provided to a patient at medical facilities other than the center, the cost of which shall be charged directly against the patient who received that care at the exact cost to the center as a total service charge for that care. Those total expenditures shall then be divided by the center's average daily on roll census, excluding psychiatric nursing facility patients, to arrive at the per diem amount for all the center's treatment units, excepting the psychiatric nursing facility unit, for the fiscal year.

Legislative History

SL 1964, ch 104, § 4 (1); SDCL § 27-9-4; SL 1974, ch 186, § 1; SL 1975, ch 181, § 119; SL 1980, ch 194, § 2; SL 1989, ch 21, § 97; SL 1999, ch 142, § 4; SL 2011, ch 1 (Ex. Ord.