34-12-15. Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

All superintendents, or managers, or other persons in charge of hospitals, lying-in, or other institutions, public or private, to which persons resort for treatment of disease, confinement, or are committed by process of law, shall make and keep a record of all the personal and statistical particulars relative to the inmates, such record to be made at the time of their admittance and in such form of certificate as directed by the secretary of health. In case of persons admitted or committed for treatment of disease, the physician in charge shall specify for entry in such record the nature of the disease and where in the physician's opinion it was contracted. The personal particulars and information required by this section shall be obtained from the individual, if it is practicable to do so, and if not practicable, shall be obtained in as complete a manner as possible from relatives, friends, or other persons acquainted with the facts. Such record shall be open at all times to the inspection of the secretary of health or an accredited agent of the secretary.

A health care facility shall provide copies of all medical records, reports, and X rays pertinent to the health of the patient, if available, to a discharged patient or the patient's designee upon receipt by the health care facility of a written request or a legible copy of a written request signed by the patient. The health care facility may require before delivery that the patient pay the actual reproduction and mailing expense.

If a personal representative of a deceased patient has not been appointed, the following surviving family members, in the priority stated, have the right to copies of the patient's medical record to the same extent as the patient would have the right to copies of the medical record while alive:

(1)    The spouse, if not legally separated at the time of the patient's death;

(2)    An adult child;

(3)    A parent;

(4)    An adult sibling;

(5)    A grandparent or an adult grandchild;

(6)    An adult aunt or uncle, or an adult niece or nephew.

A health care facility, complying in good faith with the provisions of this section, may not be held liable for any injury or damage proximately resulting from compliance with this section. This section does not apply to chemical dependency treatment facilities.

Source: SDC 1939, § 27.0205; SL 1979, ch 236, § 1; SL 1981, ch 258, §§ 1, 2; SL 1989, ch 288; SL 1999, ch 171, § 1.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.1. Handling of residents' funds by nursing homes--Definition of terms.

Terms used in §§ 34-12-15.1 to 34-12-15.10, inclusive, unless the context otherwise requires mean:

(1)    "Nursing homes," public or private facilities licensed pursuant to this chapter 34-12, as a skilled nursing facility, an intermediate care facility, or an assisted living center;

(2)    "Residents," persons committed or cared for in any home, center, or other facility which is subject to the provisions of §§ 34-12-15.1 to 34-12-15.10, inclusive.

Source: SL 1977, ch 279, § 1; SL 1991, ch 272, § 2.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.2. Residents' funds kept separate--Free from facility's liabilities.

Upon written authorization of the resident, every nursing facility shall hold, safeguard, and account for the moneys and funds of residents of such home and shall keep such moneys and funds separate, intact, and free from any liability which the facility incurs.

Source: SL 1977, ch 279, § 2; SL 1991, ch 271, § 1.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.3. Deposit in bank of residents' funds not kept at nursing facility--Public facility to deposit with state treasurer.

Residents' moneys in excess of fifty dollars shall be deposited in a local financial institution authorized to do business in South Dakota in an interest bearing demand trust account that is separate from any of the facility's operating accounts and credits all interest earned on such account to such account. However, a public agency which is subject to §§ 34-12-15.1 to 34-12-15.10, inclusive, shall deposit such funds with the state treasurer in the appropriate trust and agency account for the facility.

Source: SL 1977, ch 279, § 5; SL 1991, ch 271, § 2.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities. 34-12-15.4
     34-12-15.4.   Repealed by SL 1991, ch 271, § 3.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.5. Surety bond required of nursing facilities handling large amounts of residents' funds--Amount of bond.

Each private nursing facility covered by §§ 34-12-15.1 to 34-12-15.10, inclusive, which is handling or will handle money on a monthly basis of over fifty dollars per resident per month, or over five hundred dollars for all residents per month, shall file with the agency licensing the facility, a surety bond in the following amounts:

(1)    If the amount to be handled is seven hundred fifty dollars per month or less the bond required shall be one thousand dollars;

(2)    If the amount to be handled is seven hundred fifty-one dollars to one thousand five hundred dollars the bond required shall be two thousand dollars; and

(3)    If the amount to be handled is one thousand five hundred one dollars to two thousand five hundred dollars the bond required shall be three thousand dollars.

Every further increment of one thousand dollars or fraction thereof shall require an additional one thousand dollars on the bond.

Source: SL 1977, ch 279, § 9.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.6. Records required on residents' funds--Form--Receipts kept.

Every nursing facility or other facility covered by the provisions of §§ 34-12-15.1 to 34-12-15.10, inclusive, shall, in addition to the requirements of § 34-12-15.2, maintain adequate safeguards and accurate records of residents' moneys and funds which are entrusted to their care. These safeguards and records shall include:

(1)    Records of residents' moneys which are maintained in an interest bearing demand trust account shall include a control account for all the receipts and expenditures, an account for each resident and supporting vouchers filed in chronological order. Each account shall be kept current with columns for debits, credits, and balance; and

(2)    Records of residents' moneys and funds entrusted to the home or facility for safekeeping shall include a copy of the receipt furnished to the resident or to the person or agency responsible for the resident.

Source: SL 1977, ch 279, § 3; SL 1991, ch 271, § 4.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.7. Records of residents' funds available for audit.

Records which are maintained pursuant to §§ 34-12-15.1 to 34-12-15.10, inclusive, to account for residents' funds and valuables, shall be made available to a public audit of the home or other facility, which is required to keep and maintain the same.

Source: SL 1977, ch 279, § 7.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.8. Noncompliance as ground for revocation of administrator's license.

Failure of any licensed nursing facility to keep complete records or to comply with any other provision of §§ 34-12-15.1 to 34-12-15.10, inclusive, shall constitute cause for revocation of the licenses held by the administrator or operator of such homes or facilities, under chapter 36-28.

Source: SL 1977, ch 279, § 8.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.9. Surrender of funds on discharge of resident--Time allowed.

Upon discharge of a resident, all moneys and funds of that resident which have been entrusted to the home or other facility covered by §§ 34-12-15.1 to 34-12-15.10, inclusive, shall be surrendered to the resident or a legally empowered representative in exchange for a signed receipt. Moneys and valuables kept within the facility shall be surrendered upon demand, and those kept in an interest bearing demand trust account shall be made available within ten business days.

Source: SL 1977, ch 279, § 6; SL 1991, ch 271, § 5.



SDLRC - Codified Law 34-12-15 - Inmate records and statistics required of institutions--Copy to patient and certain other persons on request--Reproduction cost--No liability for compliance--Section not applicable to chemical dependency treatment facilities.

34-12-15.10. Escheat of unclaimed funds of deceased resident--Notice and transfer to state.

If, upon the death of a resident and after notification to any known guardian, conservator, or relatives of property belonging to the resident, not exceeding two hundred dollars in value, the property remains unclaimed for sixty days, such property shall escheat directly to the state notwithstanding chapter 21-36. The home or other facility shall notify the office of surplus property of such unclaimed property. However, all money, stocks, bonds, contracts, and claims on banks which can readily be converted to money shall be sent to the state treasurer for deposit in the general fund.

Source: SL 1977, ch 279, § 10; SL 1993, ch 213, § 222.