630.210. Charges for pay patients--each facility considered a separate unit--director to determine rules for means test and domicile verification--failure to pay, effect--exceptions, emergency treatme

MISSOURI STATUTES AND CODES

630.210. Charges for pay patients--each facility considered a separate unit--director to determine rules for means test and domicile verification--failure to pay, effect--exceptions, emergency treatme

Charges for pay patients--each facility considered a separateunit--director to determine rules for means test and domicileverification--failure to pay, effect--exceptions, emergencytreatment for transients--waiver of means test for certainchildren, when.

630.210. 1. The director shall determine the maximum amount forservices which shall be charged in each of the residential facilities, dayprograms or specialized services operated or funded by the department forfull-time or part-time inpatient, resident or outpatient evaluation, care,treatment, habilitation, rehabilitation or other service rendered topersons affected by mental disorder, mental illness, mental retardation,developmental disability or drug or alcohol abuse. The maximum chargeshall be related to the per capita inpatient cost or actual outpatientevaluation or other service costs of each facility, program or service,which may vary from one locality to another. The director shall promulgaterules setting forth a reasonable standard means test which shall be appliedby all facilities, programs and services operated or funded by thedepartment in determining the amount to be charged to persons receivingservices. The department shall pay, out of funds appropriated to it forsuch purpose, all or part of the costs for the evaluation, care, treatment,habilitation, rehabilitation or room and board provided or arranged by thedepartment for any patient, resident or client who is domiciled in Missouriand who is unable to pay fully for services.

2. The director shall apply the standard means test annually and maymake application of the test upon his own initiative or upon request of aninterested party whenever evidence is offered tending to show that thecurrent support status of any patient, resident or client is no longerproper. Any change of support status shall be retroactive to the date ofapplication or request for review. If the persons responsible to pay undersection 630.205 or 552.080, RSMo, refuse to cooperate in providinginformation necessary to properly apply the test or if retroactive benefitsare paid on behalf of the patient, resident or client, the charges may beretroactive to a date prior to the date of application or request forreview. The decision of the director in determining the amount to becharged for services to a patient, resident or client shall be final.Appeals from the determination may be taken to the circuit court of ColeCounty or the county where the person responsible for payment resides inthe manner provided by chapter 536, RSMo.

3. The department shall not pay for services provided to a patient,resident or client who is not domiciled in Missouri unless the state isfully reimbursed for the services; except that the department may pay forservices provided to a transient person for up to thirty days pendingverification of his domiciliary state, and for services provided for up tothirty days in an emergency situation. The director shall promulgate rulesfor determination of the domiciliary state of any patient, resident orclient receiving services from a facility, program or service operated orfunded by the department.

4. Whenever a patient, resident or client is receiving services froma residential facility, day program or specialized service operated orfunded by the department, and the state, county, municipality, parent,guardian or other person responsible for support of the patient, residentor client fails to pay any installment required to be paid for support, thedepartment or the residential facility, day program or specialized servicemay discharge the patient, resident or client as provided by chapter 31,RSMo. The patient, resident or client shall not be discharged under thissubsection until the final disposition of any appeal filed under subsection2 of this section.

5. The standard means test may be waived for a child in need ofmental health services to avoid inappropriate custody transfers to thechildren's division. The department of mental health shall notify thechild's parent or custodian that the standard means test may be waived.The department of mental health shall promulgate rules for waiving thestandard means test. Any rule or portion of a rule, as that term isdefined in section 536.010, RSMo, that is created under the authoritydelegated in this section shall become effective only if it complies withand is subject to all of the provisions of chapter 536, RSMo, and, ifapplicable, section 536.028, RSMo. This section and chapter 536, RSMo, arenonseverable and if any of the powers vested with the general assemblypursuant to chapter 536, RSMo, to review, to delay the effective date, orto disapprove and annul a rule are subsequently held unconstitutional, thenthe grant of rulemaking authority and any rule proposed or adopted afterAugust 28, 2004, shall be invalid and void.