South Dakota Codified Laws 27A-13-13. Civil suit for collection of payments–Lien on property–Claim againstdecedent’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.
Terms Used In South Dakota Codified Laws 27A-13-13
- Decedent: A deceased person.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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.