These are the legal provisions related to hospital financial assistance/charity care in the state of South Dakota. This is intended for educational use and should not be treated as legal advice.
Is there a state charity care law?
South Dakota's law is as follows: State law requires counties to help the indigent who reside within them. This includes a broad mandate that they help the medically indigent with hospital expenses, not to be confused with a state-specific charity care law.
Qualifications for charity care in South Dakota
Does the law specify a minimum Federal Poverty Level (FPL) for charity care?
No, South Dakota law does not specify a minimum FPL, so federal law would apply.
Federal law does not set a minimum FPL. Nonprofit hospitals are simply required to follow their financial assistance policy.
Does the law specify a minimum deadline for applying for charity care?
South Dakota law specifies the minimum at 240 days from the first post-discharge bill.
Does the law specify that having insurance disqualifies a patient for charity care?
South Dakota law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because they are insured.
Does the law specify that patients must be residents to be eligible for charity care?
Under state law, a hospital only has to give charity care to South Dakota residents.
Does the law specify that patients must be US citizens or documented immigrants/lawful permanent residents to be eligible for charity care?
South Dakota law does not address this matter, so federal law would apply.
Federal law does not directly answer this. However, we think that federal law prohibits nonprofit hospitals from denying patients charity care because of their immigration status.
Does the law specify that patients must owe a minimum bill amount in order to be eligible for charity care?
South Dakota law does not address this matter, so federal law would apply.
Federal law says that non-profit hospitals may not require a minimum bill amount for a patient to qualify for charity care. All emergency and medically necessary care conducted at a non-profit hospital is eligible for charity care.
How the law applies to copays in South Dakota
Does the law specify that patients cannot be responsible for a copay if they are eligible for charity care?
South Dakota prohibits requiring a copay for emergency services.
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
South Dakota prohibits requiring a copay for emergency services.
Collections laws related to charity care in South Dakota
Does the law specify that hospitals cannot deny financial assistance to cover patient copays, coinsurance, or deductibles?
A nonprofit hospital must wait 120 days from when they sent the first post-discharge bill.
Length of time charity care can be applied to future bills in South Dakota
Does the law specify that hospitals must honor a charity care decision for future bills for a specific length of time?
South Dakota law does not address this matter, so federal law would apply.
Federal law does not directly address this. Nonprofit hospitals are simply required to follow their financial assistance policy.