February 10, 1975

Dr. Verle Rogers, Superintendent
Redfield State Hospital and School
Redfield, South Dakota 57469

OFFICIAL OPINION NO. 75-25

Whether an unpaid bill at Redfield state hospital can be charged to an estate

Dear Doctor Rogers:

You have requested an opinion on the following factual situation:

"A" is a thirty-four year old resident at the Redfield state hospital and school. His mother, "B," moved to another state after "A's" admission. Pursuant to the Interstate Compact Law, "B" was charged full per diem for his care until she reached age 60, at which time, you continued to bill her for the past due amount. "B" passed away on November 29, 1974. "A's" father has been de­ceased for a number of years.

You have asked whether the unpaid bill should be charged to B's estate.

There are three relevant statutes. SDCL 27-13-11, which was enacted in 1949 states:

Any person legally bound for the support of such inmate, or any other person, may make voluntary payments for such inmate's care at such institution as they so desire without incurring any liability for amounts remaining unpaid.

SDCL 27-16-10, enacted in 1957, states:

All charges remaining unpaid and all liens upon which no action to foreclose has been commenced, made or claimed before July 1, 1957, by either the state or any county against a guardian or person legally bound to support an inmate for the care, education and maintenance of such inmate at the Redfield state hospital and school, on July 1, 1957, are hereby discharged and declared unen­forceable as against such guardian or person legally bound to sup­port such inmate.

SDCL 27-16-1.1, enacted in 1968, states:

In cases where parents, under sixty years of age, of a retardate of Redfield state hospital and school and Custer state hospital have met residency requirements in other states the sum to be paid for the care and maintenance of such retardates shall be fixed at the full per diem rate as determined by the cost of the most recently completed fiscal year. The Redfield state hospital and school and Custer state hospital shall have the right to collect accounts which are due, and when accounts have been delinquent for six months or more, they may employ collection agencies or attorneys on a con­tingent fee basis or may assign the claim for collection. All amounts collected shall be deposited in the Redfield state hospital and school and Custer state hospital local and endowment fund, as ap­propriate.

There appears to be a conflict between the first and last cited statutes. The second cited statute releases only those claims which accrued prior to July 1, 1957.

Since SDCL 27-16-1.1 is the most recent enacted statute, and since it is the most specific concerning your fact situation, it is my opinion that this statute controls. The bill against "B" was valid during her lifetime and therefore should be charged against her estate.

Respectfully submitted,

WILLIAM J. JANKLOW
ATTORNEY GENERAL

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