630.215. Pay patient, how determined--estate of patient, court to notify director and conservator--failure to pay, may discharge--appeal. - Missouri Statutes

Pay patient, how determined--estate of patient, court to notifydirector and conservator--failure to pay, may discharge--appeal.

630.215. 1. Any probate division of the circuit courthaving knowledge of the existence of an estate of a patient,resident or client receiving services from residential facilitiesor day programs operated or funded by the department shallpromptly notify the director of the nature and extent of theestate and the identity of the attorney of record andconservator. The director shall then apply the standard meanstest contained in the rules of the department to determine if theestate shall be charged for services rendered by the department.

2. If the director determines that the estate should becharged for the evaluation, care, treatment, habilitation,rehabilitation or room and board provided or funded by thedepartment, and notifies the conservator, the conservator shallpay the charges. If the conservator fails to pay for thecharges, after reasonable delay, the head of the department,residential facility or day program may discharge the patient asprovided by chapter 31, RSMo.

3. The decision of the director shall be final, and appealmay be made to the circuit court of Cole County or the countywhere the person responsible for payment resides in the mannerprovided by chapter 536, RSMo. The director shall notify theconservator and the supervising court of such failure to pay forservices rendered by a facility or program operated or funded bythe department at least thirty days before the patient, residentor client is discharged under chapter 31, RSMo. If theconservator appeals the decision of the director, the patient,resident or client shall remain in the facility or programpending final disposition of the appeal.

(L. 1980 H.B. 1724, A.L. 1983 S.B. 44 & 45)