South Dakota gives licensed hospitals a lien that cannot prejudice your attorney's lien, requires them to bill your insurer first and to file with the register of deeds before payment, applies Medicaid's assignment net of reasonable expenses including attorney fees, and, according to a compendium, lets a standard subrogation clause override made-whole. Enter the settlement and each claim to see what is left for you.
Enter the settlement, your attorney's fee and costs, and each claim.
Hospital liens are governed by SDCL 44-12-1, 44-12-3.1 and 44-12-4, and Medicaid by 28-6-7.1. Medicare recovers under the federal Medicare Secondary Payer statute.
Learn how Medicare and South Dakota Medicaid recover from a settlement, what a compendium says about health plan reimbursement, and how hospital liens differ from insurer claims.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited South Dakota statutes. Confirm how these rules apply to your specific case with a licensed South Dakota attorney.