S.D. Admin. R. 67:48:02:03

Current through Register Vol. 51, page 67, December 16, 2024
Section 67:48:02:03 - Lien filed for medical assistance

A lien created under the provisions of SDCL 28-6-24 may be filed against an individual's home and other real property in which the individual has a legal interest.

Real property includes home property, real property held in trust, and other real property.

Home property is the shelter which the individual owns and which is used by the individual as the individual's principal place of residence. Home property includes the buildings and contiguous property.

Real property held in trust is that property to which the federal government has the legal title but which is being held for the benefit of citizens.

Other real property is any real property other than that having the characteristics of home property or real property held in trust. Other real property includes property owned by the individual but separated from the individual's home property by property belonging to another.

The amount of the lien is the amount of the medical assistance provided by the department on behalf of the individual after June 30, 1994. The lien is limited to the cost of those services specified in SDCL 28-6-23.

S.D. Admin. R. 67:48:02:03

21 SDR 119, effective 1/4/1995.

General Authority: SDCL 28-6-23, 28-6-24.

Law Implemented: SDCL 28-6-23, 28-6-24.