Section 34-12-38 - Interest of Department of Social Services in funds of deceased residentreceiving medical assistance. - South Dakota Statutes

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

Source: SL 1994, ch 229, § 12; SL 1995, ch 167, § 183.