South Dakota § 28-6-25 - Filing medical assistance real estate lien.
Full text of South Dakota South Dakota Codified Laws § 28-6-25 — Filing medical assistance real estate lien., with citation guidance and answers to common questions.
§ 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.
Source: SL 1994, ch 229, § 3; SL 2013, ch 125, § 14.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 28-6-25
What does South Dakota Codified Laws § 28-6-25 cover?
Section 28-6-25 ("Filing medical assistance real estate lien.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 28-6-25?
A common citation format is "South Dakota Codified Laws § 28-6-25" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 28-6-25 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.