2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 13 - Costs Of Care And Treatment In State Facilities
Section 27A-13-13 - Civil suit for collection of payments--Lien on property--Claim against decedent's estate.

27A-13-13. Civil suit for collection of payments--Lien on property--Claim against decedent'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.

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.

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