25.360.9 100th Legislative Session 1006
2025 South Dakota Legislature
House Bill 1006
Introduced by: The Chair of the Committee on Health and Human Services at the request of the Department of Social
Services
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to repeal provisions for state assistance to persons experiencing chronic 1
renal failure. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 28-6A-2 be REPEALED. 4
The Department of Social Services shall establish a program for the care and 5
treatment of persons suffering from chronic renal failure requiring dialysis or a transplant. 6
The department shall assist persons who require lifesaving care and treatment for renal 7
failure, but have insufficient income and resources to pay for these services. 8
Section 2. That § 28-6A-8 be REPEALED. 9
The secretary of social services shall extend financial assistance to persons 10
suffering from chronic renal failure requiring dialysis or a transplant to help them obtain 11
the medical, nursing, pharmaceutical, and technical services and supplies necessary for 12
dialysis or transplants, including the renting or purchase of home dialysis equipment. 13
Assistance may not exceed five thousand dollars annually for each eligible patient. 14
Assistance for chronic renal failure may not exceed the amount that would be allowed for 15
similar care and treatment under the medical assistance program authorized by chapter 16
28-6. A patient is not eligible for assistance under this chapter until the patient has 17
exhausted all other sources of assistance, including veteran's administration benefits, 18
medical or hospital insurance, third-party liability, assistance under Titles XVIII or XIX of 19
the Social Security Act, or other public or private benefits or assistance. Eligibility for 20
assistance under chapter 28-13 is not considered as a source of assistance for purposes 21
of this section. 22
Section 3. That § 28-6A-10 be REPEALED. 23 25.360.9 2 1006
Underscores indicate new language.
Overstrikes indicate deleted language.
The secretary of the Department of Social Services may contract with any 1
appropriate agency for assistance in carrying out the purposes of this chapter. 2
Section 4. That § 28-6A-12 be REPEALED. 3
The secretary of social services may promulgate rules pursuant to chapter 1-26 to 4
properly administer and enforce the provisions of this chapter. The rules may include 5
eligibility for assistance, income and resource limitations, methods of administration and 6
record keeping, and the scope and limitation of services to be provided. 7
Section 5. That § 28-6A-13 be REPEALED. 8
The secretary of social services shall adopt by rule a copayment schedule for 9
services under this chapter. The schedule shall consider the income and resources of the 10
applicant or recipient. The applicant or recipient shall pay the copayment directly to the 11
service provider. The Department of Social Services shall pay to the service provider the 12
remainder of the amount of benefits to which the applicant or recipient is entitled under 13
this chapter. 14