Maine § 34-B §1409 Payment for care and treatment of residents

Maine Statutes

§ 34-B §1409 — Payment for care and treatment of residents

Maine·Title 34-B BEHAVIORAL AND DEVELOPMENTAL SERVICES·Ch. 1 GENERAL PROVISIONS

1.Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

2.Charges. Charges under this section are governed as follows.

3.Liable persons. Each resident, the resident's spouse and the resident's parent are jointly and severally liable for the care and treatment of the resident, whether the resident was committed or otherwise legally admitted, from the date of the resident's admission to a state institution, except that:

4.Financial statement forms. Financial statement forms are governed as follows.

5.Determination of ability to pay. After a resident is admitted into any state institution, the department shall:

6.Obtaining information. The obtaining of information under this section is governed as follows.

7.Inabi

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1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Charges.
Charges under this section are governed as follows.
3.
Liable persons.
Each resident, the resident's spouse and the resident's parent are jointly and severally liable for the care and treatment of the resident, whether the resident was committed or otherwise legally admitted, from the date of the resident's admission to a state institution, except that:
4.
Financial statement forms.
Financial statement forms are governed as follows.
5.
Determination of ability to pay.
After a resident is admitted into any state institution, the department shall:
6.
Obtaining information.
The obtaining of information under this section is governed as follows.
7.
Inability to pay.
When it is determined that any resident or liable person is unable to pay all or part of the charges for care and treatment, the commissioner may cancel, suspend or reduce charges in accordance with the resident's or liable person's ability to pay.
8.
Postponement of billing.
The commissioner may enter into an agreement with any resident or liable person to postpone billing for care and treatment for any period of time.
9.
Benefit payments.
The chief administrative officer of any state institution may receive as payee any benefits from social security, veterans' administration, railroad retirement or any other like benefits paid on behalf of any resident.
10.
Claims against estates.
The State has a claim against the estate of any resident, and the estate of any liable person, for any amount due to the State at the date of death of the resident or the liable person, including any claim arising under an agreement entered into under this section, enforceable in the Probate Court.
11.
Reimbursement of providers.
Notwithstanding any other law, if part of the care and treatment of a resident under this section is provided by a party other than the State, the commissioner shall pay to the other party, from the fee collected by the department for the care and treatment of the resident, the portion of those costs borne by the other party in the same ratio as the fee collected to the total charge made, except that:
12.
Prohibited acts.
A person is guilty of contempt if that person fails to obey a subpoena when ordered to do so by a Justice of the Superior Court under subsection 6, upon application by the commissioner to the Superior Court for an order of contempt.
13.
Special revenue account; Riverview Psychiatric Center.
The commissioner shall establish a special revenue account for the Riverview Psychiatric Center and shall deposit into it payments or income received from residents of the Riverview Psychiatric Center, the Medicaid program or other 3rd-party payors. The commissioner shall use the funds on deposit for expenses of the Riverview Psychiatric Center.
14.
Special revenue account; Dorothea Dix Psychiatric Center.
The commissioner shall establish a special revenue account for the Dorothea Dix Psychiatric Center and shall deposit into it payments or income received from residents of the Dorothea Dix Psychiatric Center, the Medicaid program or other 3rd-party payors. The commissioner shall use the funds on deposit for expenses of the Dorothea Dix Psychiatric Center.
15.
General Fund accounts; disproportionate share hospital match.
The commissioner shall establish General Fund accounts to provide the General Fund match for eligible disproportionate share hospital components in the Riverview Psychiatric Center and the Dorothea Dix Psychiatric Center. Any unencumbered balances of General Fund appropriations remaining at the end of each fiscal year must be carried forward to be used for the same purposes. Available unencumbered balances at the end of each fiscal year in the Personal Services line category of the accounts may be transferred to the All Other line category by financial order upon the recommendation of the State Budget Officer and approval of the Governor.
16.
Store established.
The commissioner may establish a store within the Riverview Psychiatric Center for the retail sale of sundries and gift items.
17.
Riverview Psychiatric Center Store account.
The commissioner may establish a nonlapsing Other Special Revenue Funds account for a store located in the Riverview Psychiatric Center pursuant to the authority under subsection 16 and shall deposit into it payments or income received from customers of the store. The commissioner shall use the funds on deposit for expenses of the store.

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Legislative History

PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §5 (AMD). PL 1983, c. 701, §6 (AMD). PL 1991, c. 528, §Q6 (AMD). PL 1991, c. 528, §RRR (AFF). PL 1991, c. 591, §Q6 (AMD). PL 1991, c. 780, §DD1 (AMD). PL 1993, c. 508, §J1 (AMD). PL 2003, c. 673, §I1 (AMD). PL 2005, c. 236, §3 (REV). PL 2005, c. 256, §§1-5 (AMD). PL 2005, c. 457, §NN4 (AMD). PL 2005, c. 457, §NN8 (AFF). PL 2005, c. 683, §§B29,30 (AMD). PL 2009, c. 571, Pt. SSS, §1 (AMD). PL 2011, c. 1, Pt. S, §2 (AMD). PL 2011, c. 674, §§1-6 (AMD). RR 2019, c. 2, Pt. B, §§90-92 (COR).