S.D. Codified Laws § 44-12-8
Any person making any payment to such injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior lien, is liable, for a period of one year from the date of payment of moneys to the injured party or the injured party's heir, attorney, or legal representative, as provided in this section, to the hospital for the amount which the hospital was entitled to receive as provided in this section. Any such hospital may, within such period, enforce the lien by a suit at law against the person, firm, limited liability company, or corporation making such payment.
SDCL 44-12-8