Medicaid Estate Recovery in South Dakota

Administering agency

South Dakota Department of Social Services — Office of Recoveries and Investigations

Authority

SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817

Verified May 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.

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 →

Medicaid Recovery

South Dakota

Administering agency

South Dakota Department of Social Services — Office of Recoveries and Investigations

Authority

SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817

Verified May 2026

Medicaid Estate Recovery in South Dakota

OverviewWhen someone dies

Medicaid Recovery

South Dakota

Administering agency

South Dakota Department of Social Services — Office of Recoveries and Investigations

Authority

SDCL 28-6-23, 28-6-23.1; SDCL 29A-3-1201, 29A-3-817

Verified May 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.

Frequently asked questions

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 →

Medicaid Recovery

South Dakota

Administering agency

South Dakota Department of Social Services — Office of Recoveries and Investigations