Medicaid Estate Recovery in South Dakota
South Dakota treats Medicaid payments as a debt due the Department of Social Services and recovers from the estates of deceased recipients. For recipients age 55 or older, recovery is limited to nursing facility, home and community based, intermediate care, hospital, and prescription drug services; institutional recipients of any age are also subject to recovery.
OverviewWhen someone dies
Administering agency
South Dakota Department of Social Services — Office of Recoveries and Investigations
Phone605-773-3653
WebsiteVisit website →
Authority
SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817
Verified Jul 2026
Medicaid Estate Recovery in South Dakota: key facts
- Recovery scope
- A debt is due for inpatient nursing facility, intermediate care, or other medical institution care at any age, and for nursing facility, home and community based, intermediate care, hospital, and prescription drug services received at age 55 or older (SDCL 28-6-23).
- Who is subject
- Estates of recipients who received covered services after July 1, 1994. A claim may also be filed against the estate of a surviving spouse for the recipient's covered benefits (SDCL 28-6-23, 28-6-23.1).
- Recovery exceptions
- The Department may not seek recovery while the recipient's spouse is living, or while there is a surviving child who is under age 21, blind, or disabled.
- When exceptions do not apply
- If the recipient owned or transferred assets that would have made the recipient ineligible, the Department seeks the full amount paid and the recovery exceptions do not apply.
Governing law: SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817
Frequently asked questions
Under SDCL 28-6-23, Medicaid payments are a debt due the Department of Social Services. For a recipient age 55 or older, recovery is limited to nursing facility, home and community based, intermediate care, hospital, and prescription drug services. A recipient who was an inpatient in a nursing facility, intermediate care facility, or other medical institution is subject to recovery at any age.
The Department of Social Services does not seek recovery from the recipient's estate while a spouse is living, or while there is a surviving child who is under age 21, blind, or disabled. These exceptions do not apply if the recipient owned or transferred assets that would have made the recipient ineligible for Medicaid.
When someone dies
Steps after a death in South Dakota
4-step process for South Dakota Department of Social Services — Office of Recoveries and Investigations.
View details →
Sources
Data sourced from Medicaid Estate Recovery in South Dakota primary sources (4 pages reviewed). How we research.
Administering agency
South Dakota Department of Social Services — Office of Recoveries and Investigations
Phone605-773-3653
WebsiteVisit website →
Authority
SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817
Verified Jul 2026