Terms used in §§ 28-6-28 to 28-6-36, inclusive, mean:

(1) “Department,” the Department of Social Services;

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(2) “Fiscal period,” up to a twelve–month period determined by the department;

(3) “Funding pool,” pool of funds established in accordance with § 28-6-29;

(4) “Health care trust fund,” the fund established as provided in S.D. Const., Art. XII, § 5 to hold the federal portion of the monetary difference between the medicaid payment and the medicare upper limits maximum allowable reimbursement, less transaction fees paid to publicly owned and operated nursing facilities;

(5) “Medical assistance,” the medicaid program authorized by Title XIX of the Social Security Act, 42 U.S.C. § 1396d, as amended through January 1, 2004, which provides medical assistance to eligible individuals and is operated under § 28-6-1;

(6) “Medicare,” the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965 and as amended through January 1, 2004;

(7) “Nursing facility,” any facility participating in medicaid that is licensed, maintained, and operated for the express or implied purpose of providing care to one or more persons, whether for consideration or not, who are not acutely ill but require nursing care and related medical services of such complexity as to require professional nursing care under the direction of a physician twenty–four hours a day;

(8) “Political subdivision,” any municipality or county;

(9) “Publicly owned and operated nursing facility,” a nursing facility that is owned and operated by a political subdivision of the state and is participating in medicaid.

Source: SL 2000, ch 132, § 1; SL 2001, ch 152, § 2; SL 2004, ch 167, § 56.