CHAPTER 246

(HB 1158)

Appropriate funds to provide cochlear implants to certain children.


         ENTITLED, An Act to  appropriate funds to provide cochlear implants to certain children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 49-31-50 be amended to read as follows:

     49-31-50.   There is created in the state treasury the telecommunication fund for the deaf and the telecommunication fund for other disabilities for the deposit and disbursement of money collected under §§ 49-31-49 and 49-31-51. There is hereby continuously appropriated the sum of two hundred thousand dollars ($200,000), or so much thereof as may be necessary, each year from the telecommunication fund for the deaf to the Department of Human Services to provide cochlear implants to children who are less than five years of age and who suffer from severe to profound hearing loss.

     Section  2.  That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:


     Funds appropriated pursuant to section 1 of this Act may only be used for:

             (1)    The costs of providing a cochlear implant to a child who is not covered under a plan of health insurance; or

             (2)    Any portion of the costs of providing a cochlear implant to a child that is not paid by any plan of health insurance covering the child but only for those amounts payable by the covered person under the plan's deductible and coinsurance provisions.

     Section  3.  The Department of Human Services shall promulgate rules pursuant to chapter 1-26 to establish standards for eligibility criteria, the basis for and extent of provider payments on behalf of the eligible person, levels of payment, administration, audit requirements, and record keeping of providing cochlear implants.

     Section  4.  The secretary of the Department of Human Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section  5.  This Act is repealed on June 30, 2008.

     Signed March 4, 2005
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