South Dakota Codified Laws 34-12-38. Interest of Department of Social Services in funds of deceased resident receiving medical assistance
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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.
Terms Used In South Dakota Codified Laws 34-12-38
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: SL 1994, ch 229, § 12; SL 1995, ch 167, § 183.