Medically necessary hospital services are services provided in a hospital which meet the following criteria:

(1) Are consistent with the person‘s symptoms, diagnosis, condition, or injury;

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Terms Used In South Dakota Codified Laws 28-13-27.1

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Are recognized as the prevailing standard and are consistent with generally accepted professional medical standards of the provider’s peer group;

(3) Are provided in response to a lifethreatening condition; to treat pain, injury, illness, or infection; to treat a condition which would result in physical or mental disability; or to achieve a level of physical or mental function consistent with prevailing standards for the diagnosis or condition;

(4) Are not furnished primarily for the convenience of the person or the provider; and

(5) There is no other equally effective course of treatment available or suitable for the person needing the services which is more conservative or substantially less costly.

A county shall rely on the attending physician’s determination as to medical necessity of hospital services unless evidence exists to the contrary.

Source: SL 1997, ch 170, § 5.