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Code · South Dakota · Title 34 · Chapter 34-12

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

96 words·~1 min read·/sd/title-34/chapter-34-12/34-12-38

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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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