§ 44-20-350 — Reimbursement to State for its fiscal outlay on behalf of department; charge for services; hearing and review procedures; collection of claims.

(A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the Office of Intellectual and Developmental Disabilities or any other agency authorized by the Department of Behavioral Health and Developmental Disabilities to offer services to clients is a just obligation of the person with intellectual disability, a related disability, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section. (B) The office or an agency authorized by the department to offer services to clients may charge for its services. However, no service may be denied a client or his parent or guardian because of inability to pay part or all of the office's or other agency's expenses in providing that service. Where federal reimbursement is authorized for services provided, the office initially shall seek federal reimbursement. No charge or combination of charges may exceed the actual cost of services rendered. The department shall approve the procedures established to determine ability to pay and may authorize its designees to reduce or waive charges based upon its findings. (C) Parents, guardians, or other responsible relatives must not be charged for regional center or community residential services provided by the office for their child or ward. However, a person receiving nonresidential services or his parent or guardian may be assessed a charge for services received, not to exceed cost. The office with the approval of the department may determine for which services it charges. (D) The department shall establish a hearing and review procedure so that a client or his parent or guardian may appeal charges made for services or may present to officials of the office information or evidence to be considered in establishing charges. The department may utilize legal procedures to collect lawful claims. (E) The department may establish by regulation charges for other services it renders.

Legislative History

HISTORY: 1990 Act No. 496, SECTION 1; 1993 Act No. 181, SECTION 1078; 2011 Act No. 47, SECTION 2, eff June 7, 2011. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.