Committee: Senate State Affairs
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 5, 1997.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
SB 215:
to transfer the Unclaimed Property Office from the State Treasurer's
Office to the secretary of revenue.
Proponents:
Gary Viken, Secretary of Revenue
Opponents:
Richard Butler, State Treasurer
Warren Foss, Administrator of Division of Unclaimed Property, Treasurer's Office
Karen Lester, Treasurer's Office, with hand-outs
Presented by:
Senator Rounds
MOTION:
AMEND SB 215
Section
4.
That
§
1-27-31 be repealed.
1-27-31. A state agency may not disclose that it is investigating, examining, or auditing a private
entity, and may only disclose the information obtained from such an investigation, examination, or
audit as follows:
(1) To the private entity being investigated, examined, or audited;
(2) To those persons whom the private entity has authorized in writing to receive such
information;
(3) To the officers, employees, or legal representatives of any other state agency which
requests the information in writing for the purpose of investigating and enforcing civil or criminal
matters. The written request will specify the particular information desired and the purpose for which
the information is requested;
(4) To any administrative or judicial body if the information is directly related to the resolution
of an issue in the proceeding, or pursuant to an administrative or judicial order. However, no person
may use a subpoena, discovery, or other applicable statutes to obtain such information;
(5) To another state pursuant to an agreement between the State of South Dakota and the other
state, but only if the other state agrees to keep the information confidential as set forth in §§ 1-27-28
to 1-27-32, inclusive;
(6) To the attorney general, state's attorney, or any state, federal, or local law enforcement
officer;
(7) To a federal agency pursuant to the provisions of federal law; or
(8) To the extent necessary to submit any final reports or filings which are otherwise required
by law to be prepared or filed.
Section
5.
That
§
1-27-32
be repealed.
1-27-32.
Disclosure of information made confidential by
§
§
1-27-28 to 1-27-32,
"
inclusive, except as provided in
§
1-27-31, is a Class 6 felony.
"
Section 22. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as
follows:
If an individual is indigent by design, the individual is ineligible for medical assistance under
the provisions of this chapter and there may be no other criteria used to determine eligibility.
Section 23. That
§
28-13-30
be amended to read as follows:
28-13-30.
The secretary of
health
social services
shall make such investigation as
he deems
necessary, and shall approve the statement of costs only if
he finds it as
the statement is
accurate,
complete and reliable as could reasonably be expected, and that it discloses, as nearly as may be
reasonably determined, the ratios of costs to charges for the hospital's fiscal year covered by the
statement of costs. In granting approval, the secretary may modify any items in the statement
as he
finds
which
require such modification and shall provide written notice of any such modification to
the respective hospital.
Section 24. That
§
28-13-31
be amended to read as follows:
28-13-31.
No statement of costs, or amendment thereto, may take effect until approved by
the secretary of
health
social services
and the expiration of thirty days from the filing thereof, and
thereafter, for purposes of
§
§
28-13-27 to 28-13-36, inclusive
this chapter
, shall remain in full force
and effect until the next statement of costs, or amendment thereto, filed by the hospital pursuant to
§
28-13-28 is approved by the secretary. Any such statement of costs, or amendments thereto, shall
be a public record and be available for inspection at any time in behalf of any board of county
commissioners.
Section 25. That
§
28-13-32
be amended to read as follows:
28-13-32.
Any board of county commissioners may at any time file, with the secretary of
health
social services
and the hospital concerned, objections in writing to any such statement
of costs, any items therein, or amended thereto, which objections shall be passed upon by the
secretary.
Section 26. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as
follows:
If submitting a notice under the provisions of
§
28-13-34.1, the hospital shall include a release
of information form which has been signed by the patient or the patient's authorized representative.
The release of information shall authorize persons or institutions to release, to the county, social
security numbers, medical information concerning the patient, and financial information concerning
the patient or members of the patient's household.
Section 27. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as
follows:
A county may review the need for emergency room treatment, an admission, a transfer, a
continued stay, or inpatient surgical services. At its option, a county may request the Department of
Social Services to provide the needed reviews on the county's behalf.
Section 28. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as
follows:
No county is liable for the payment of any experimental procedures or experimental modes
of treatment provided on behalf of a medically indigent person.
Section 29. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:
Section 30. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as
follows:
If submitting a bill to a county for medically necessary hospital services provided on behalf
of a person who is medically indigent, the hospital must demonstrate that it has exhausted all
avenues of payment including accepting reasonable monthly payments from the person who does
not have the ability to pay the hospital in one lump sum at the time of discharge.
"
SB 226:
to provide for an interim study of the impact of gaming in South Dakota.
Proponents:
Dick Jameson with wife Sherry Jameson, Sioux Falls
SB 226 will be deferred to Monday, February 10,1997.
Chair Senator Halverson announced that a 7:30 PM meeting of State Affairs will
take place Monday, February 10, 1997. The regularly scheduled 7:45 AM State
Affairs will be held, as usual.
HCR 1001 and HJR 1005 will be deferred to Monday, February 10, 1997.
MOTION:
ADJOURN
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
Alma Matzen