27A-13-2. Definition of terms.

Terms used in this chapter mean:

(1)(a)    "Full-time equivalent patient population in the center's psychiatric nursing facility unit," the total daily patient count in that unit at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the number of days in that fiscal year;

(b)    "Full-time equivalent patient population, excluding psychiatric nursing facility unit patients," the total daily patient count, excluding those patients in the center's psychiatric nursing facility unit, at the South Dakota Human Services Center for the immediately preceding fiscal year divided by the number of days in that fiscal year;

(2)(a)    "Per diem for the center's psychiatric nursing facility unit," the daily amount, set by the secretary of social services, for the daily care, support, maintenance, and treatment of a patient in the center's psychiatric nursing facility unit during any part of the period of time for which the amount is set if it has been determined that the patient or legally responsible person or agency is not able to pay the total service charge;

(b)    "Per diem for any of the center's treatment programs, other than the psychiatric nursing facility unit," the daily amount, set by the secretary of social services, for the daily care, support, maintenance, and treatment of a patient in any of the center's acute, adolescent, alcohol, drug, extended (chronic), or other such treatment units, other than the center's psychiatric nursing facility unit, during any part of the period of time for which the amount is set if it has been determined that the patient or legally responsible person or agency is not able to pay the total service charge;

(3)    "Responsible person," a person legally liable for the support and maintenance of a patient. A parent is not liable for the expenses of an adult child;

(4)    "Total service charge," the actual cost of providing services to an individual patient at the South Dakota Human Services Center.

Source: SL 1964, ch 104, § 2; SDCL § 27-9-2; SL 1975, ch 181, § 117; SL 1980, ch 194, § 1; SL 1989, ch 21, § 95; SL 1991, ch 220, § 254; SL 1999, ch 142, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-3. Department responsible for collection and processing of fees.

The Department of Social Services is responsible for the collection and processing of fees due to the state for the care of patients in the South Dakota Human Services Center.

Source: SL 1964, ch 104, § 3; SDCL § 27-9-11; SL 1989, ch 21, § 96; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.

27A-13-3.1. Human Services Center to maintain billing statement for each patient--Determination of ability to pay--Costs assessed patient or state.

The secretary of social services shall direct the Human Services Center to calculate and maintain for each patient at the center a billing statement itemizing the individual charges for the care, support, maintenance, and treatment provided to each patient. The center shall determine the patient or legally responsible person or agency's ability to pay such charges considering such factors as the person's financial ability to pay and the availability of commercial insurance or other third-party payors. If the center determines that the patient or legally responsible person or agency is able to pay the total service charge, the charge shall be assessed and collected by the Human Services Center. If the center determines that the patient or legally responsible person lacks the ability to pay the total service charge based upon the before-mentioned considerations, the patient's account shall be assessed to the state.

Source: SL 1999, ch 142, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-3.2. Secretary to promulgate rules to determine fees and ability to pay.

The secretary of social services shall promulgate rules, pursuant to chapter 1-26, to establish a method to determine the fee for each service or test based on the actual cost of performing the service or test and the determination of ability to pay and indigence. The secretary of social services shall periodically review and approve the listing of itemized charges.

Source: SL 1999, ch 142, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-4. Liability of resident and legally responsible person for cost of care--Federal charges.

If any person is admitted to a state facility, the resident and any legally responsible person is liable for the cost of the care, support, maintenance, and treatment of such persons to the extent and in the manner provided by this title. If the resident is not a proper charge of any county but is a charge of the federal government, the costs shall be assessed against the appropriate agency of the federal government.

Source: SDC 1939, § 30.0217; SL 1964, ch 104, § 11; SDCL, § 27-9-3; SL 1975, ch 181, § 118; SL 1991, ch 220, § 255.

27A-13-5. Tender of charges required on voluntary hospitalization--County or governmental pledge of payment--Monthly payment in advance--Indigent person.

Every person who is admitted to the center on a voluntary basis shall, prior to his admittance, tender to the administrator of the facility the minimum amount charged against the counties in § 27A-13-16. If this sum is not tendered, the person shall have an authorization to be admitted and a pledge to pay the minimum amount by the county commissioners of his county of legal settlement or a pledge from any other responsible governmental entity. If the person is indigent, his county is obligated to pay the admission fee and cost of care.

Continued voluntary treatment without commission or governmental approval shall be contingent upon an advance monthly payment according to ability to pay but in no instance may it be less than the minimum amount.

Source: SDC 1939, § 30.0115 as added by SL 1959, ch 170; SL 1961, ch 153; SL 1964, ch 104, § 8; SDCL, § 27-4-13; SL 1975, ch 181, § 34; SL 1991, ch 220, § 256.

27A-13-6. County payments for indigent voluntary patients entitled to poor relief--Residency not admitted by payment.

The county of residence shall make payments for the care and treatment of any indigent person voluntarily admitted to the South Dakota Human Services Center the same as if there had been a regular commitment pursuant to chapter 27A-10 if such person is entitled to poor relief pursuant to chapter 28-13 and if such payments are based upon a statement by the administrator of the South Dakota Human Services Center that it would be in the best interests of such person that such person be kept at such hospital. In the event of a dispute as to a patient's residency, no payments made by any county constitute an admission that a patient has a residency within such county.

Source: SDC 1939, § 30.0115 as added by SL 1961, ch 153; SL 1964, ch 104, § 8; SDCL, § 27-9-26; SL 1976, ch 173, § 33; SL 1977, ch 211, § 4; SL 1991, ch 220, § 257.

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.

Source: 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. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-8. Full per diem cost paid by person financially able to pay.

Any patient who is determined by the secretary of social services to be unable to pay the total services charge, but who is determined, as provided in §§ 27A-13-9 and 27A-13-10, to be financially able to pay the per diem rate shall continue to be charged the per diem cost for each day of continuous patient status.

Source: SL 1964, ch 104, § 4 (2); SDCL § 27-9-5; SL 1975, ch 181, § 120; SL 1989, ch 21, § 98; SL 1991, ch 220, § 258; SL 1999, ch 142, § 5; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-9. Application to pay less than applicable charge--Investigation and consideration by secretary.

Any patient or responsible person may apply to the secretary of social services for permission to pay less than the applicable charge. On receipt of such application, the secretary shall request an investigation, to determine the ability of the patient or responsible person to pay all or a part of the applicable charge. Consideration in such determination shall be given to the following factors, and such other factors as the secretary shall agree are reasonable: net income, net worth, number of dependents, and existing obligations.

Source: SL 1964, ch 104, § 4 (3); SDCL § 27-9-6; SL 1989, ch 21, § 99; SL 1991, ch 220, § 259; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-10. Determination by secretary of amount to be charged--Appeal and hearing.

Upon receipt of all information desired by the secretary of social services, the secretary shall determine, based upon the financial ability of the patient or responsible person, whether the patient or responsible person shall be charged with the full amount provided in § 27A-13-7 or a lesser amount. If a patient, responsible person, or the county of residence, disagrees with the determination of the secretary, an appeal may be filed within thirty days of receipt of notification by such patient, responsible relative, or county of residence of such determination, for a hearing with the secretary. However, such appeal may not be filed more than once each six months.

Source: SL 1964, ch 104, § 4 (3); SDCL § 27-9-7; SL 1975, ch 181, § 121; SL 1989, ch 21, § 100; SL 1991, ch 220, § 260; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-11. Review and change of amounts to be charged.

The secretary of social services may, at any time, review and change any determination for applicable charges.

Source: SL 1964, ch 104, § 4 (4); SDCL § 27-9-8; SL 1989, ch 21, § 101; SL 2011, ch 1 (Ex. Ord. 11-1), § 71, eff. Apr. 12, 2011.

27A-13-12. Liability restricted to statutory liability--Claim against decedent's estate--Voluntary payments.

No person is liable for the cost of the care, support, maintenance, and treatment of any patient except as provided in this title, but the amounts determined to be due under this title and unpaid at the time of the death of a patient or responsible person shall constitute a claim against the estate of such patient or legally responsible person. The Department of Social Services may accept voluntary payments on behalf of any patient from any person who is not liable for payments under this title.

Source: SL 1975, ch 181, § 116; SDCL Supp, § 27-9-8.1; SL 1989, ch 21, § 102; SL 1991, ch 220, § 261; SL 1992, ch 189, § 6; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.

27A-13-13. Civil suit for collection of payments--Lien on property--Claim against decedent's estate.

If a patient liable for payments due under §§ 27A-13-4 to 27A-13-12, inclusive, refuses or fails to make such payments, the charges are collectible by a civil suit brought in the name of the State of South Dakota. The State of South Dakota may sue such patient for such payments due, and any judgment obtained is a lien upon the real property of such person, and shall be collected as other judgments. Any claim arising under said sections has the same force and effect against the real and personal property of a deceased person as other debts of a decedent, and shall be ascertained and recovered in the same manner. The Department of Social Services may promulgate rules pursuant to chapter 1-26 regarding payments for involuntary care.

Source: SL 1964, ch 104, § 5; SDCL § 27-9-12; SL 1974, ch 185, § 2; SL 1991, ch 220, § 262; SL 1992, ch 189, § 7; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.

27A-13-14. Collection of delinquent accounts--Credit to general fund.

If any account has been delinquent for six months or more, the Department of Social Services shall notify the attorney general which shall be responsible for collecting the delinquent moneys by any legal means available.

All amounts collected shall be deposited to the credit of the general fund.

Source: SDCL § 27-9-12 as added by SL 1974, ch 185, § 2; repealed SL 1975, ch 42, § 4; re-enacted SL 1975, ch 181, § 124; SDCL Supp, § 27-9-12.1; SL 1989, ch 21, § 103; SL 2011, ch 1 (Ex. Ord. 11-1), § 163, eff. Apr. 12, 2011.

27A-13-15. County appropriation for support of mentally ill.

The board of county commissioners shall annually appropriate a sum sufficient to pay for the support of its mentally ill.

Source: SDC 1939, § 30.0214; SDCL, § 27-9-25; SL 1985, ch 77, § 34.

27A-13-16. Admission fee to be paid by county of residence--Amount.

Effective July 1, 2010, the county of residence shall pay an admission fee of six hundred dollars to the center for each patient the county is legally responsible. The admission fee shall cover the first thirty days of care at the center. If the patient remains at the center for longer than thirty days, the minimum charge paid by the county of residence shall be a pro rata amount of the admission fee multiplied by twelve months and divided by three hundred sixty-five days.

Source: SL 1964, ch 104, § 4 (5); SDCL § 27-9-9; SL 1974, ch 186, § 2; SL 1975, ch 181, § 122; SL 1981, ch 205, § 4; SL 1991, ch 220, § 263; SL 2006, ch 148, § 1; SL 2010, ch 143, § 1.

27A-13-17. Procedure for determining county of residency.

Sections 27A-13-18 to 27A-13-20, inclusive, shall determine patient eligibility for contributions by the county of residency under § 27A-13-16, except that time spent in a state institution shall not be counted in determining the matter of residency.

Source: SL 1964, ch 104, § 4 (6); SDCL, § 27-9-10; SL 1975, ch 181, § 123; SL 1976, ch 173, § 29.

27A-13-18. County claim that patient is improperly charged to county--Investigation and determination by attorney general--Notice to state and county officers.

If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of residence in the manner provided in this title, the state's attorney or county commissioners of the county may notify the attorney general that the patient is a proper charge against another county. Upon receipt of such notice, the attorney general shall notify the clerk of courts of the committing county to file, within thirty days from the date of such notification, a summary of the proofs upon which such findings are based and the record of any initial or reopened commitment hearing on the patient. The attorney general shall determine from review of such records, which county should be charged. The attorney general shall notify the county auditor of the contesting county, the auditor of the county of residence, and the clerk of courts of the committing county and the administrator of the Human Services Center of his determination. Thereafter the administrator shall charge for treatment according to the determination of the attorney general.

Source: SDC 1939, § 30.0215; SL 1939, ch 117; SDCL, § 27-9-22; SL 1984, ch 12, § 34; SL 1984, ch 30, § 28; SL 1986, ch 227, § 8; SL 1991, ch 220, § 264.

27A-13-18.1. Appeal of residence determination to circuit court by county--Notice to attorney general--Trial de novo.

If the administrator of the Human Services Center has treated a patient as from a county determined to be the county of the patient's residence by the committing board of mental illness and that county has appeared before the committing board to contest its determination of residence in the manner provided in this title, and the state's attorney or county commissioners of the county claim that the patient is not a proper charge against the county and that the patient is a proper charge against the state at large because the patient is not a resident of the state, that county may appeal the committing board's determination of the patient's residence to the circuit court. Notice of such appeal shall be served upon the attorney general within thirty days from the date of the finding of residence by the committing board of mental illness. Upon the filing of such an appeal, the circuit court shall conduct a trial de novo and determine, by a preponderance of evidence, the residence of such patient and thereupon determine whether he is a proper charge against the county or the state at large. Such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.

Source: SL 1986, ch 227, § 9; SL 1991, ch 220, § 265.

27A-13-18.2. Appeal of residence determination to circuit court by attorney general--Service and filing of notice--Trial de novo.

If the administrator of the Human Services Center has treated a patient determined by the committing board of mental illness to be a proper charge against the state at large because the patient is not a resident of the state and the attorney general has appeared before the committing board to contest its determination of residence in the manner provided in this title, the attorney general may appeal the committing board's determination to the circuit court by serving a notice of appeal upon one of the members of the board of county commissioners of any county adversely interested and by filing such notice with the clerk of courts within thirty days from the date of the finding of residence by the committing board of mental illness. Upon such filing, the circuit court shall conduct a trial de novo and determine, by a preponderance of evidence, the residence of such patient and determine whether he is a proper charge against a county or the state at large. Such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.

Source: SL 1986, ch 227, § 10; SL 1991, ch 220, § 266.

27A-13-19. Charges to state for patient determined to be nonresident.

If the attorney general shall find that such patient is not a proper charge against any county in the state, such patient shall thereafter be regarded as a proper charge against the state at large until returned to the state of his residence.

Source: SDC 1939, § 30.0215; SL 1939, ch 117; SDCL, § 27-9-23.

27A-13-19.1. Voluntary admission of non-resident--Waiver of fee.

If a person who is not a resident of South Dakota presents himself for voluntary admission at the South Dakota Human Services Center, the person may be admitted for psychiatric treatment and the admission fee or amount charged against the counties to be tendered to the administrator as specified in § 27A-13-5 shall be waived, if:

(1)    The admitting physician determines that the person either is a danger to himself or others or requires immediate inpatient psychiatric treatment;

(2)    It is determined that the person is unable to provide payment of the mandatory admission fee; and

(3)    No other alternative source of funding can be found.

Source: SL 1987, ch 198, § 22.

27A-13-20. Appeal to circuit court from attorney general's determination as to residence of patient.

If any county is dissatisfied with the determination of residence entered by the attorney general, such county may appeal to the circuit court, by filing and serving a notice of appeal upon the attorney general and upon one of the members of the board of county commissioners of the county adversely interested, within thirty days from the date of such determination, and thereupon the circuit court shall conduct a trial de novo and, by a preponderance of evidence, determine the residence of such patient and determine against what county he is a proper charge, and such determination is conclusive unless an appeal is taken therefrom in the manner provided by law for appeals in civil actions.

Source: SDC 1939, § 30.0215; SL 1939, ch 117; SDCL, § 27-9-24; SL 1986, ch 227, § 11.

27A-13-21. Administrator to charge expenses to county of residence despite commitment from another county.

If the administrator of the Human Services Center has been advised by a county board of mental illness, the attorney general pursuant to § 27A-13-18, or by a circuit court, that a patient sent to the center from one county has a residency in another county, he shall thereafter hold and keep such patient as from the latter county, and such holding shall apply to expenses already incurred in behalf of such patient and remaining unadjusted.

Source: SDC 1939, § 30.0213; SDCL, § 27-9-21; SL 1976, ch 173, § 32; SL 1986, ch 227, § 12.

27A-13-22. Expenses paid by county reimbursed by county of residence.

Expenses incurred by one county, on account of a mentally ill person whose residence is in another county, shall be refunded with lawful interest thereon by the county of residence. The expenses and interest shall be presented to the board of commissioners of the county of residence and shall be allowed and paid the same as other claims. Expenses incurred by one county on account of a mentally ill person whose residence is not in this state shall be refunded with lawful interest thereon by the state and shall be presented to the state auditor and allowed and paid the same as other claims.

Source: SDC 1939, § 30.0213; SDCL, § 27-9-20; SL 1976, ch 173, § 31; SL 1986, ch 227, § 13.

27A-13-22.1. Refund with interest by county of residence of expenses incurred by attorney general.

Expenses incurred by the attorney general on account of a mentally ill person whose residence is in a county of the state shall be refunded with lawful interest thereon by the county of residence.

Source: SL 1986, ch 227, § 14.