S.D. Codified Laws § 28-6-25

Current through the 2024 Legislative Session

Section 28-6-25 - Filing medical assistance real estate lien

The Department of Social Services shall file a medical assistance real estate lien with the register of deeds in any county where the individual has an ownership interest in real property. The lien statement filed shall contain, at a minimum, the following information:

(1) The name and last known address of all owners of the real property;

(2) The legal description of the real estate to which the lien is to attach;

(3) The circumstances out of which the lien is claimed to have arisen and the circumstances, if any, under which future accumulations may arise;

(4) The amount claimed as a lien and the probable amounts by which it may increase, if known.

The register of deeds shall, without charge to the department, record the medical assistance real estate lien in the real estate records, at which time the lien will attach to the real property interest of the recipient described in subdivision (2) of this section. The lien shall remain in effect for a period of twenty years from the time of recording in the county where the land is located as provided in this section, unless released or foreclosed as provided by law.

If the individual is discharged or released from a nursing facility, intermediate care facility for individuals with intellectual disabilities, or other medical institution, other than by death or transfer to another or similar institution, the Department of Social Services shall immediately, upon notice of the discharge or release, file with the register of deeds a satisfaction of the lien which shall be recorded by the register of deeds in the real estate records without charge.

SDCL 28-6-25

SL 1994, ch 229, § 3; SL 2013, ch 125, §14.