630.205. Patient or representative liable for costs of services rendered--parents not liable, when--denial of services for inability to pay prohibited, when--department subrogated to rights of patient

MISSOURI STATUTES AND CODES

630.205. Patient or representative liable for costs of services rendered--parents not liable, when--denial of services for inability to pay prohibited, when--department subrogated to rights of patient

Patient or representative liable for costs of servicesrendered--parents not liable, when--denial of services forinability to pay prohibited, when--department subrogated torights of patient, parent, or recipient, when.

630.205. 1. The person receiving services and the person's estate,spouse, parents, if the person is a minor, and any fiduciary or representativepayee holding assets for the person or on the person's behalf are jointly andseverally liable for the fees for services rendered to the person by aresidential facility, day program or specialized service operated or funded bythe department. The department shall not charge parents for services itrenders to persons who are eighteen years of age or older and who areresidents of this state. If any person, firm, corporation, or public orprivate agency is liable, either pursuant to contract or otherwise, to theparents or a recipient of services on account of personal injury to ordisability or disease of the recipient of services, the department issubrogated to the right of the parent or recipient to recover from that partof the award or settlement an amount equal to the amount expended by theservice for services which are not otherwise recoverable from the parent orrecipient. The acceptance of services from the department constitutesacknowledgment of subrogation rights by the department, and the department maytake any and all action necessary to enforce the subrogation rights.

2. Parents of minors who are domiciled in this state, as defined insection 162.970, RSMo, shall not be liable for the cost of education orspecial education and related services. If, as a result of a comprehensiveevaluation and such conclusion in the minor's individualized educationprogram, admission to a department facility or placement program is necessaryfor such minor to receive an appropriate education, the parents of minors whoare domiciled in this state under section 162.970, RSMo, shall not be liablefor the cost of nonmedical care and room and board.

3. For purposes of subsection 2 of this section, "special education" and"related services" are defined pursuant to the Federal Education of theHandicapped Act (20 U.S.C. § 1401, et seq.), as amended, and the rules andregulations promulgated in furtherance thereof.

4. No person who is domiciled in Missouri shall be denied services froma department facility because of an inability to pay for such services on thepart of the individual, the spouse or the parents.

5. Nothing in this section shall be construed to relieve an insurer orother third party from an otherwise valid obligation.