South Dakota § 34-12-38 Interest of Department of Social Services in funds of deceased resident receiving medical assistance.

South Dakota Statutes

§ 34-12-38 — Interest of Department of Social Services in funds of deceased resident receiving medical assistance.

South Dakota § 34-12-38

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-11BREGULATION OF HOSPITALS AND RELATED INSTITUTIONS

This text of South Dakota § 34-12-38 (Interest of Department of Social Services in funds of deceased resident receiving medical assistance.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 34-12-38 (2026).

Text

Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility may not release or transfer any property under § 34-12-15.10 until it has determined that the Department of Social Services has no interest in or right to the property. The department shall file an affidavit pursuant to § 29A-3-1201 to establish its right to recover such funds.

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Upon the death of a resident, the Department of Social Services is entitled to recover any funds of the resident kept or maintained by the home or other facility if the resident was receiving medical assistance from the department at the time of death. The home or other facility may not release or transfer any property under § 34-12-15.10 until it has determined that the Department of Social Services has no interest in or right to the property. The department shall file an affidavit pursuant to § 29A-3-1201 to establish its right to recover such funds.